CrowdfundingCRM, MyDigitalClients,LLC and its affiliates (the “Company”, “we”, “us”, “our”) together are committed to protecting the privacy of individuals who visit the Company’s websites (www.crowdfundingcrm.com, www.mydigitalclients.com, www.mdcdot.com, and mdclink.com). This Privacy Policy describes the ways we collect information when you visit our website, how we use the information, and the choices you have with how we use this information. By visiting, using or inputting information into the Company’s websites, you are accepting and consenting to the practices described in this Privacy Policy and also described in our Terms of Use available here http://www.crowdfundingcrm.com. You can choose not to provide certain information when using our websites, which will result in you not being able to take advantage of many of its features.

Categories of Information We Collect and How We May Use It

Aggregated Data

Through visiting or using our websites, we may collect information about you in various ways using device finger printing and other analytics (including IP address identification and cookies). Some examples include:

  • browser name, device operating system, computer platform, browser version, and browser plugins;
  • device screen size, color profile, color depth, and pixel ratio;
  • whether the device is cookieEnabled;
  • language used on the device;
  • Internet service provider or network name used when accessing our websites;
  • number of visits, views of content, and downloads from our websites;
  • timestamps of visits to our websites; and
  • duration of your stay on our websites and how you got to our websites (e.g., if you clicked on a paid advertisement or search engine result).

The above data is aggregated with data we collect from other visitors to our websites (“Aggregated Data”). The Company takes reasonable measures to ensure Aggregated Data is de-identified and shall not attempt to re-identify such data. The Company may use Aggregated Data as a statistical measure and not in a manner that would identify you personally. Aggregated Data enables us to improve our websites, increase the effectiveness of our marketing campaigns and target marketing to certain individuals, among other benefits. The Company may make use of, or make such Aggregated Data available to, third parties, in any manner in our sole discretion. In the event the Company does disclose Aggregated Data to third parties, the Company shall generally prohibit such third parties from re-identifying such data.

Note that if the Company is able to identify that you are located in the European Union when visiting or using our websites, you will be prompted to provide your consent in order for cookies to track and communicate certain information about you back to the Company. If you do not provide your consent, no cookies, web beacons, or other tracking devices will be permitted to attach to your information.

Personal Information

You may voluntarily disclose personal information to us in the event you choose to use the “Contact Us” link, “Live Chat Messages” portion of our websites, or when purchasing, accessing or using services provided through our websites. Any personal information you submit through our websites will not be disclosed to third parties without your permission and generally will be utilized only to respond to your requests.

We may use your information to process your service requests, handle orders, deliver services, process payments, communicate with you about orders, provide access to secure areas of the websites, recommend services we offer that might be of interest to you, to personalize your visit to our websites, and to enable us to review, develop, and continually improve the services we provide online. We also use this information to prevent or detect fraud or abuses of our websites and to enable third parties to carry out technical, logistical or other functions on our behalf.

Financial Information and payment card details

You may submit your financial information, such as credit card or bank account numbers, through our websites or when using the CrowdfundingCRM service in order to pay for our services. Any financial information we receive is transferred over a secure connection. We will not release any financial information to a third party unless such party is directly involved in processing the applicable payment transaction. When we use third party service providers for credit card processing services we will enter into a written agreement with such third party ensuring appropriate security and confidentiality measures are in place in order to safeguard your personal data.

Links to Non-affiliated Websites

We may provide links to third-party websites for your convenience and information. The privacy practices of those sites may differ from the Company’s practices and are not controlled by the Company, nor covered by this Privacy Policy. We encourage you to review a third party’s privacy policy before submitting your personal data.

Sensitive Information

The Company will not intentionally collect or maintain, and do not want you to provide, any information regarding your medical or health condition, race or ethnic origin, political opinions, religious or philosophical beliefs or other sensitive information.

Children’s Online Privacy Protection

Our websites are not designed for or directed to children under the age of 18. If you are a parent who believes we have collected information regarding your child under age 18, please contact us at support@mydigitalclients.com or call 866.535.0883 to request deletion of such information from our records. We will respond to your request as soon as reasonably practicable, but no later than 5 calendar days after your request.

Browser Do-Not-Track Signals

The Company’s policy regarding “do-not-track” signals is available here http://www.crowdfundingcrm.com.

Currently, various browsers – including Internet Explorer, Firefox, and Safari – offer a “do-not-track” or “DNT” option that relies on a technology known as a DNT header, which sends a signal to websites visited by the user about the user’s browser DNT preference setting. If the Company’s websites and Services detect a web-browser “do-not-track” signal, it will immediately respond to such signals by ceasing to track such user. The Company’s websites and Services can only control its own tracking and not that of any third-party that may be monitoring the Company’s websites.

Opt Out of Communications

We offer you a choice in how we communicate with you. If we obtain personal information about you as described above, we may contact you in regard to transactional and/or marketing/non-transactional communications. The Company’s marketing emails will always comply with laws such as CAN-SPAM. You can manage your receipt of marketing and non-transactional communications by clicking on the “unsubscribe” link at the bottom of the applicable message or by contacting us at support@mydigitalclients.com or call 866.535.0883.

Security

The Company implements administrative, technical, and physical safeguards to help protect personal information we obtain against loss, theft, and misuse as well as unauthorized access, disclosure, alteration, and destruction. While we follow generally accepted standards to protect information, including the use of secure socket layer (SSL) technology, no method of storage or transmission is 100% secure. We store information you provide to us on a computer system located in a controlled facility with limited access. Visitor textual information is encrypted during transmission and our databases are accessible only by the Company’s employees, contractors and agents on a need to know basis and who have entered into and are bound by a confidentiality and nondisclosure agreement with the Company. The Company generally requires third parties to keep all personally identifiable information related to our customers secure and prohibits the use of personally identifiable information for direct marketing or any other purposes not authorized by the Company.

Policy Changes

The Company reserves the right to change, supplement, or update this Privacy Policy. The Company will provide notification of any material changes to this Privacy Policy through the Company’s websites at least 30 calendar days prior to the changes taking effect.

If you have questions regarding this Privacy Policy please contact us at:

MyDigitalClients, LLC / CrowdfundingCRM
301 S Rogers St., #207
Waxahachie, Texas 75165-3348
866.535.0883
support@mydigitalclients.com

Effective Date: April 5, 2016

CrowdfundingCRM, MyDigitalClients, LLC and its affiliates (the “Company”) together are committed to protecting the privacy of individuals who visit the Company’s websites, individuals who subscribe to use our Services (“Subscribers”, as defined below), and to the extent possible, individuals whose information is utilized in connection with a subscriber’s use of our Services. CrowdfundingCRM (CFCRM) is utilized by the Company’s licensed subscribers or their sub account users (together the “Subscribers”) to implement a robust contact management and outreach platform that enables the Subscribers to track their contacts and use information about those individuals. This Privacy Policy describes the Company’s privacy practices in relation to a Subscriber’s use of the CFCRM. Company applications and services are accessible via the Company’s websites (www.crowdfundingcrm.com, www.mydigitalclients.com, www.mdcdot.com, and mdclink.com) (the “Services”). To learn more about the Company’s general privacy practices relating to those individuals who visit the Company’s websites, please see the Company’s general Privacy Policy located at http://www.crowdfundingcrm.com/legal.

CFCRM Services and Contact Data

As part of using our Services, Subscribers may utilize functionalities allowing them to gather and use information about individuals who are considered to be contacts or prospective contacts with respect to the Subscribers’ business (“Contacts”). Functions may include tracking and use of personal information about those Contacts and information about Contacts practices or online behaviors, including sites visited and web browsing data (“Contact Data”). Contact Data is sent to and maintained within the customer relationship management (CRM) software utilized by CFCRM (“CRM Software”). The Company processes Contact Data on behalf of its Subscribers, but generally has no direct relationship with the individuals. Subscribers maintain and access Contact Data on secured, stand-alone clusters in a multitenant cloud environment. This Privacy Policy provides you with information related to the Subscribers’ collection, use, protection and disclosure of Contact Data when utilizing our Services.

If you believe personal information pertaining to you has been submitted to CFCRM by a Subscriber and you wish to exercise any rights you may have to access, correct, amend, or delete such data, please contact us at support@mydigitalclients.com. We will respond to your request as soon as reasonably practicable, but no later than thirty (30) calendar days after your written request.

How we May Use Subscriber Data (Excluding Contact Data)

The Company may collect aggregated data regarding the use of our Services and the Company’s website as described in our general Privacy Policy, which is available here http://www.crowdfundingcrm.com.

Subaccount Users and Ownership of Contact Data

Upon subscribing to our Services, a Subscriber designates individual users who will be provided with access to CFCRM (a "subaccount user"). Each subaccount user maintains his or her own Contact Data and cannot access the Contact Data of another subaccount user; provided however, that a Subscriber ultimately owns and controls all Contact Data created by any subaccount user.

How Contact Data is Collected through the Use of Our Services

Through using our Services, a Subscriber collects Contact Data in various ways. Some examples include:

  • manual entry of information to create a Contact’s basic profile in the CRM Software;
  • contact capture tool that automatically populates a Contact’s basic profile in the CRM Software;
  • device fingerprinting that monitors certain online behaviors of a Contact;
  • IP address; and cookies.

Categories of Information Our Subscribers May Collect through the Use of Our Services

When utilizing our Services, a Subscriber may collect Contact Data about individuals, some of which may consist of personal information. Some examples include:

  • Basic Profile Data. User id, foreign id, name, email address, personal and business phone numbers, fax numbers, birth date, status of Contact (active client, former client, cold call), gender, home and business mailing addresses (including city, state, zip code, country), job title, employer name, avatar, the internet service provider, URL. This generally constitutes a Contact’s basic profile with respect to our Services.
  • Behavioral Data. Using device finger printing and other analytics (including IP address identification and cookies), CFCRM tracks Contact Data related to a Contact’s profile creation and certain Contact behaviors over time by collecting information such as:
    • browser name, device operating system, computer platform, browser version, and browser plugins;
    • device screen size, color profile, color depth; and pixel ratio;
    • whether the device is cookieEnabled;
    • language used on the device;
    • Internet service provider or network name used when accessing the Subscriber’s website;
    • number of visits to the Subscriber’s website;
    • number of views of certain content on the Subscriber’s website;
    • number of downloads from the Subscriber’s website;
    • number of emails opened from the Subscriber;
    • timestamps of visits to the Subscriber’s website; and
    • duration a Contact remains on the Subscriber’s website.

In addition, a Subscriber can manually assign Contacts to email distribution lists and note whether the Contact has paid for services or products from the Subscriber. CFCRM also automatically tracks whether any emails to a Contact were undeliverable (including the error code and date of error) and the date that a profile is modified or removed from the CRM Software.

How our Subscribers May Use Contact Data

Subscribers may use Contact Data for various purposes, including marketing. For example, Subscribers may target marketing materials to Contacts, monitor their Contacts’ online behavior, and use scoring to determine when to engage the Contact to purchase the Subscriber’s products or services. Subscribers can also utilize CFCRM’s reporting functionality to determine the effectiveness of marketing campaigns initiated through CFCRM. Another feature permits Subscribers to use Contact Data to initiate direct communication with a Contact through CFCRM, including via VoIP calls, text message, email, and social media interactions.

How our Subscribers May Share Contact Data

This Privacy Policy does not describe the permissible purposes for our Subscribers to share their Contact Data with third parties. Subscribers are solely responsible for following their own privacy policy with respect to the use and disclosure of Contact Data. If you believe your information is included as Contact Data and would like more information on the Subscriber’s policy with regard to sharing your Contact Data, please contact the Subscriber directly for more information. If the Subscriber fails to provide you with its privacy policy within 30 business days, please contact the Company at support@mydigitalclients.com or call 866.535.0883 and the Company will obtain the policy for you within 30 business days.

Service Enabled Tracking

A Subscriber may use our Services to collect certain information about individuals and their online activities through tracking technologies. This can provide a Subscriber with information regarding a Contact’s interactions with a Subscriber’s website, including clicking on advertisements, reading content and submitting communications. Subscribers are contractually required to comply with any legal requirements in using tracking technologies made available through our Services. For example, Subscribers must disclose the use of any tracking technologies in their respective privacy policies and seek consent from Contacts in certain circumstances. Below are a few different ways this technology may be implemented through CFCRM.

  • Cookies
    A Subscriber can use cookies (pieces of information that CFCRM or other sites may transfer to a Contact’s computer) to track information about a Contact’s device. For example, a cookie could indicate to a Subscriber what pages a Contact accessed or viewed from a device.
  • Web Beacons
    Through the use of web beacons, alone or in conjunction with cookies, a Subscriber can track information about a Contact’s usage of the Subscriber’s website and interaction with emails from the Subscriber. Web beacons are clear electronic images that can recognize certain types of information on a Contact’s computer, such as a description of a website tied to the web beacon. For example, a Subscriber may place web beacons in marketing emails that notify the Subscriber when you click on a link in the email that directs you to one of the Subscriber’s websites.
  • Device Fingerprinting
    A Subscriber may receive behavioral data about a Contact using web-based device fingerprinting. Device fingerprinting is the process of collecting information through a browser to perform device identification that indicates a device is unique. Through this process, a Subscriber can track a Contact’s device across the web. The Company stores Contact Data captured during this process on behalf of the Subscriber. A Subscriber may use this process for various marketing activities, such as real-time targeted marketing, campaign measurement, reaching Subscribers across devices, and limiting the number of accesses to a Subscriber’s services.

For a Subscriber utilizing the Services from the EU, prior to the collection of any service enabled tracking information about a Contact, such Contact will be prompted by Subscriber to provide consent. If the Contact does not provide consent, no cookies, web beacons, or other tracking devices will be permitted to be used for such individual.

Methods of Subscriber-Contact Communications Facilitated by Company

Through the Services, a Subscriber may interact with Contacts through email, text message, VoIP calls, and social media, as described below. The Company has no control over the timing, method, or substance of any such communications that are transmitted as a result of a Subscriber’s use of the Services. With respect to any Subscriber-contact communications, Subscribers are contractually required to comply with the Telephone Consumer Protection Act, Federal Trade Commission’s (FTC) Telemarketing Sales Rule (including compliance with the Do Not Call Registry), any other telemarketing regulations, rules, or laws, Canadian “anti-spam” law, and any other federal or state laws that apply to the Subscriber’s use of any communication mechanism provided through CFCRM. If you believe a Subscriber has your Contact Data and may have utilized it in violation of such a law, please contact us at support@mydigitalclients.com or call 866.535.0883 to submit a complaint against the Subscriber and we will work with the Subscriber to resolve the issue and provide you with a response. We will investigate and respond to your complaint as soon as reasonably practicable, but no later than thirty (30) calendar days after your written request.

Email

A Subscriber may interact with Contacts through individual or group emails sent through CFCRM using Contact Data and distribution list specifications.

Text Message

A Subscriber may interact with Contacts through text messages sent through CFCRM.

VoIP Calls

A Subscriber may interact with Contacts by initiating Voice Over Internet Protocol calls (“VoIP calls”) through CFCRM. VoIP calls are a type of flexible telephone system that routes calls over the Internet. To initiate a VoIP call through CFCRM, a Subscriber is assigned a phone number and the VoIP calls are routed through a third-party provider. This third-party provider enables the calls through its cloud-based software pursuant to its own privacy policy. The Company generally requires any third-party provider providing such services to utilize HTTPS authentication when providing services to Subscribers. A Subscriber’s VoIP calls initiated through CFCRM may be logged (including time, date and status of call (answered or not answered) and assigned to a Contact’s profile.

Social Media Interactions

If activated, a Subscriber may interact with Contacts through the use of social media, including features such as the Facebook ‘like’ button (“Social Media Features”). These features may collect a Contact’s IP address and which page the Contact is visiting on the Subscriber’s website, and may set a cookie to enable the feature to function properly. A Contact may be given the option to share information about his or her activities on the Subscriber’s website on his or her Social Media profile page. In order to utilize the Social Media Features, CFCRM requires consent of a Contact prior to accessing the features, whether directly or indirectly. Once a Contact opts in, the Contact’s interactions with these features is governed by the privacy policy of the company providing the relevant Social Media Features and is not governed by this Privacy Policy.

Browser Do-Not-Track Signals

The Company's policy regarding 'do-not-track' signals is available here http://www.crowdfundingcrm.com.

Your Contact Data, Your Choice

The Subscriber’s use of the Services requires the transmission of Contact Data. If a Subscriber (or a subaccount user) no longer wishes to use the Services, the Subscriber (or subaccount user) can decline to transmit additional Contact Data to the CRM Software. For any Contact Data provided prior to the cessation of the Services, the Subscriber may have access to and be provided a copy of all Contact Data maintained by the Subscriber; however, a subaccount user shall not be provided with access or a copy of such Contact Data, unless the Subscriber provides its written permission. If a Subscriber requests that the Services are terminated with respect to certain Contact Data, the Company will honor that request. However the Company retains records as described under Data Retention below.

Sensitive Information

The Company will not intentionally collect or maintain any information on a Subscriber’s behalf regarding a Contact’s medical or health condition, race or ethnic origin, political opinions, religious or philosophical beliefs or other sensitive information. In addition, the Company requires that its Subscribers will not intentionally collect or maintain such information while utilizing the Services.

Children’s Online Privacy Protection

The Services are not designed for or directed to children under the age of 18. The Company contractually prohibits its Subscribers from intentionally collecting or maintaining Contact Data about anyone under the age of 18. If you are a parent who believes a Subscriber has collected information regarding your child under age 18, please contact us at support@mydigitalclients.com or call 866.535.0883 to request deletion of such Contact Data from the Subscriber’s records. We will respond to your request as soon as reasonably practicable, but no later than 5 calendar days after your request.

Compelled Disclosure

The Company reserves the right to use or disclose Contact Data if required by law or if we reasonably believe it is necessary to protect the Company’s rights and/or to comply with a judicial proceeding, court order, or legal process.

Communications Preferences

When using our Services, a Subscriber is required to offer its Contacts a choice in how the Subscriber communicates with them. For example, a Subscriber’s marketing emails are auto-filled to provide language required to comply with laws such as CAN-SPAM. Contacts can manage their receipt of marketing and non-transactional communications from a Subscriber by clicking on the "unsubscribe" link at the bottom of the applicable message.

Correcting and Updating Subscriber Information

Subscribers may update or change their registration information by editing their user or organization record. To update a user profile, please log in to the applicable Services with your username and password and edit your user settings or send your request to support@mydigitalclients.com or call 866.535.0883. To update an organization’s information, please send your request to support@mydigitalclients.com or call 866.535.0883. To update billing information or to discontinue your account, please contact us at support@mydigitalclients.com or call 866.535.0883. Requests to access, change, or delete your information will be handled within 30 days.

Data Retention

The Company retains the Contact Data we receive only for a reasonable duration. As the case may be, we retain the Contact Data for as long as needed to provide our Services, comply with our legal obligations, resolve disputes, establish legal defenses, conduct audits, use for business purposes, and enforce our Subscription Agreements.

Security

The Company implements administrative, technical, and physical safeguards to help protect personal information we obtain against loss, theft, and misuse, as well as unauthorized access, disclosure, alteration, and destruction. While we follow generally accepted standards to protect information submitted to us, including the use of secure socket layer (SSL) technology, no method of storage or transmission is 100% secure. Subscribers are solely responsible for protecting their passwords, limiting access to their computers, and signing out of our Services after their sessions. If a Subscriber believes that its Contact Data is no longer secure, please notify us immediately at support@mydigitalclients.com or call 866.535.0883.

Policy Changes

The Company reserves the right to change, supplement, or update this CFCRM Privacy Policy. The Company will provide notification of any material changes to this DOT Privacy Policy through the Company’s websites at least 30 calendar days prior to the change taking effect.

If you have questions regarding this DOT Privacy Policy please contact us at:

MyDigitalClients, LLC / CrowdfundingCRM
301 S Rogers St., #207
Waxahachie, Texas 75165-3348
866.535.0883
support@mydigitalclients.com

Effective Date: April 5, 2016

CrowdfundingCRM / MyDigitalClients, LLC
MASTER SUBSCRIBER TERMS OF SERVICE

By accessing and using this website (the “Site”), you accept and agree to be bound by the terms and provisions of these Terms of Service (these “Terms”). In addition, when using the Site’s services or any of the related applications, you shall be subject to any posted guidelines or rules applicable to such services or applications, which may be posted and modified at any time. All such guidelines or rules are hereby incorporated by reference into this Agreement. ANY ACCESS OR USE OF THIS SITE OR ANY OF THE APPLICATIONS WILL CONSTITUTE ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO FULLY COMPLY WITH THESE TERMS, PLEASE DO NOT ACCESS OR USE THIS SITE OR ANY OF THE APPLICATIONS

This Site is made available to you by CrowdfundingCRM and MyDigitalClients, LLC and its affiliates (the “Company”). The Site offers access to the CrowdfundingCRM (“CFCRM”), which is an application that is utilized by the Company’s client, a Master subscriber for use by their sub account users. In addition to CFCRM, the Site offers access to other services, software applications, data, information, and functionality provided by the Company on the Site and/or through other Company websites (www.crowdfundingcrm.com, www.mydigitalclients.com, www.mdcdot.com and www.mdclink.com) (collectively referred to herein as the “Services”).

Access and use of the Services in connection with the Site is governed by these Terms, the master subscription agreement(s) between a subscriber and the Company (“ Master Subscription Agreement”), if applicable, and all user and operator manuals and other instructional information relating to the Services and that are provided to you. Personal information collected in connection with access and use of the Site is governed by the Site’s general Privacy Policy http://www.crowdfundingcrm.com and, for sub account users, the Subscriber Privacy Policy http://www.crowdfundingcrm.com (together with the documents and materials set forth in the preceding sentence, collectively, the “Documentation”). Please note that any failure to fully comply with these Terms or the other Documentation is grounds for immediate suspension or termination of access to the Services (including suspension or termination of access by other sub account users under the same Subscription Agreement) and will give rise to other legal rights and remedies in favor of the Company.

Use of Services

The Site and the Services provide limited access for nonsubscribers and increased access for sub account users. To be authorized to use any Services, you must agree with these Terms; however, for access to subscriber-related Services, such as CFCRM, you must also be an authorized subaccount user pursuant to a Master Subscription Agreement.

UNAUTHORIZED USE OF THE SERVICES CONSTITUTES UNAUTHORIZED ACCESS TO THE COMPANY’S COMPUTER SYSTEMS AND NETWORKS, WHICH IS STRICTLY PROHIBITED AND MAY GIVE RISE TO SERIOUS CONSEQUENCES UNDER STATE AND/OR FEDERAL LAW.

If you agree to these Terms, you are hereby granted a non-exclusive, non-transferable right to access and use the Services applicable to your intended use (nonsubscriber use versus sub account user use). With respect to subscriber-related Services, such right is subject to the terms and restrictions set forth in the applicable Master Subscription Agreement (as well as other Documentation), and, in the event of any inconsistency with these Terms, the terms of your applicable Master Subscription Agreement shall control. All rights not expressly granted to you in the Documentation are reserved by the Company.

You agree to abide by all applicable laws, rules and regulations in connection with your use of the Site, CFCRM, and the Services, including without limitation securities laws and regulations, privacy laws and regulations, and laws governing marketing or other contact with individuals by phone, text, e-mail or regular mail. With respect any Voice Over Internet Protocol calls initiated by you through CFCRM, you agree to abide by the Telephone Consumer Protection Act and all other applicable laws. Without limiting the foregoing, you shall not: (i) use the Site to store or transmit libelous, infringing, unlawful or tortious material or material in violation of third-party rights; (ii) use the Services for the purpose of serving as a factor in establishing an individual’s eligibility or suitability for credit, employment or insurance, or in any way that would cause the Services to be construed as a “consumer report”; (iii) transmit, provide access to or display any User-Uploaded Information to any person or entity that you know would engage in unfair or deceptive practices; (iv) use the Site or the Services in violation of any law concerning unsolicited messages or communications, including EU Directive 2002/58/EC, the U.S. CAN-SPAM Act, and the Canadian “anti-spam” law; (v) use the Site or the Services to store or transmit harmful or malicious code or devices; or (vi) interfere with or disrupt the integrity or performance of the Site or the Services, or related systems.

You agree to safeguard and maintain the confidentiality of your login credentials. You shall notify the Company immediately of any unauthorized use of your password or account or any other known or suspected breach of security.

As necessary for the provision of Services, the Company will automatically monitor and implement CFCRM updates. You hereby authorize automatic monitoring and implementation of CFCRM updates, and you agree to install any updates manually if necessary. These Terms apply to all Service updates.

You acknowledge and agree that the Company may, through the Site or CFCRM, collect, store, and use technical details, user preferences, and permissions, and login or other personal data and related information, to facilitate the provision and enhancement of the Services. This may include technical information about your computing device and browser. Additional information regarding the collection, use, and security measures associated with the Company’s storage and handling of data is set forth in the Site’s Privacy Policy http://www.crowdfundingcrm.com.

User-Uploaded Information

To the extent that the Site or CFCRM permits the uploading, posting, storage, or viewing of contact information or other content submitted by you (“User-Uploaded Information”), the Company shall have no responsibility for any such content or access thereto, and the Company shall not be responsible for any loss, unavailability, or corruption of such content. You shall retain ownership of all such User-Uploaded Information. You are responsible for (i) ensuring that all User-Uploaded Information submitted by you complies with applicable law and (ii) obtaining all necessary rights to upload, publish, or disseminate such User-Uploaded Information.

You represent, warrant, and covenant that you shall not submit any User-Uploaded Information which (i) restricts or inhibits any other user from using and enjoying the Services; (ii) is unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent; (iii) constitutes or encourages conduct that would constitute a criminal offense or give rise to civil liability; (iv) violates, plagiarizes, infringes, or constitutes a misappropriation of the rights of any third party including, without limitation, copyright, trademark, trade secret, patent, rights of privacy or publicity or any other proprietary right; (v) contains any malware or other software code or programming of any kind; or (vi) constitutes or contains false or misleading indications of origin or statements of fact.

The Company reserves the right to refuse to post or transmit or to remove any User-Uploaded Information in whole or in part, in the Company’s sole discretion, including any User-Uploaded Information that the Company believes has been uploaded in violation of these Terms, the Company’s privacy policies, or an applicable Subscription Agreement or constitutes a threat to the operation or integrity of the Site or the Services.

Payment, Non-Payment; Suspension of Services; Changes in Fees

Payment of Fees. In exchange for the developed software and applications accessible via the Services, each Master Subscriber shall pay the Company the Platform Fee, Account Fees and Other Fees identified in the Master Subscription Agreement (together, the “Subscription Fees”). Payment of the Subscription Fees shall be made at such times and in such amounts as set forth in such Master Subscription Agreement. Except as otherwise specified in the Master Subscription Agreement, (i) fees are based on Services purchased and not actual usage, (ii) payment obligations are non-cancelable and fees paid are non-refundable, and (iii) quantities purchased cannot be decreased during the relevant subscription term.

Late Charges. If any fees or expenses are more than thirty (30) days overdue, the Company may, at its option, and without limiting its rights or remedies, charge interest at a rate of one and one-half percent (1 ½%) per month (eighteen percent (18%) per annum) or, if less, the highest rate allowed by applicable law from the date such fee or charge first became due.

Suspension of Access. If a Master Subscriber does not pay the Subscription Fees or any other fees and/or expenses payable under the Master Subscription Agreement or the other Documentation within seven (7) days after they are due, the Company may suspend or cancel access to the Services. All current and remaining fees shall be paid prior to re-activation of the Services. Further you give us the right to charge your credit card on file for any past due charges.

Suspension of Service and Acceleration. If any amount owing by a Master Subscriber for the Services is seven (7) or more days overdue (or ten (10) or more days overdue in the case of amounts you have authorized the Company to charge to your credit card), the Company may, without limiting the Company’s other rights and remedies, accelerate such Master Subscriber unpaid fees under such agreements or Documentation so that all such obligations become immediately due and payable, and suspend the Company’s services to such Master Subscriber and their sub account users until such amounts are paid in full.

Changes in Fees. At any time following the expiration of the Initial Term, the Subscription Fees may be changed, provided that the Company gives the applicable Master subscriber at least thirty (30) days’ prior written notice of the change.

Taxes. The Account Fees and any other fees owed by a Master Subscriber under the Subscription Agreement or any other Documentation do not include U.S., state, local or other taxes. Any taxes required to be paid by the Company related to the Services may be added to the fees due under the Subscription Agreement and may be billed to the Master Subscriber, and such subscriber will pay such amounts unless such subscriber provide the Company with a valid tax exemption certificate
Subscription Agreement Term and Termination

Term. A Master Subscription Agreement shall commence on the date that the Master Subscriber created their account and will continue in force on a month to month term. A Master Subscriber can cancel their account by calling support or via the application at anytime. Unless you cancel your account before the end of a month period your subscription will be renewed for an additional one month Renewal Term. The Initial Term and all Renewal Terms are collectively referred to as the Term.

Termination for Cause. Either party may terminate a Master Subscription Agreement in the event the other party has materially breached or defaulted in the performance of any of its obligations thereunder or under the Documentation or any subscriber is verbally abusive or take other actions that negatively interfere with the Company’s business, and such breach or default has continued for ten (10) days after written notice thereof was provided to the breaching party by the non-breaching party. Any termination shall become effective at the end of such notice period unless the breaching party has cured any such breach or default (or taken steps to prevent the reoccurrence of such breach if it cannot be cured after the fact) prior to the expiration of such period.

Refund or Payment upon Termination. If the Master Subscriber Subscription is properly terminated in accordance with Section IV(b) above, the Company will refund any prepaid fees covering the remainder of the Term after the effective date of termination. If the Master Subscription Agreement is terminated by the Company in accordance with Section IV(b) above, the applicable Master Subscriber will pay any unpaid fees covering the remainder of their Term of all order forms or Subscription Agreements. Termination will not relieve such Master Subscriber of its obligation to pay any fees payable to the Company for the period prior to the effective date of termination.

Termination for Convenience. In addition, the Company shall have the right to terminate a Master Subscription Agreement for any reason with twenty (20) days’ written notice. If the Master Subscription Agreement is properly terminated by the Company in accordance with this subsection, the Company will refund any prepaid fees covering the remainder of the Term of all order forms after the effective date of termination.

Effect of Termination. Upon termination of a Master Subscription for any reason, all rights granted to the applicable Master Subscriber and sub account user under the Master Subscription Agreement and Sub Account Terms of Service agreement shall immediately cease and terminate and such Master Subscriber and sub account user shall cease the use of the Services or any portion thereof. Master Subscribers shall return the originals of Documentation, any confidential information provided to such parties by the Company and all copies thereof, in whole or in part, to the Company within thirty (30) days after the effective date of termination. Should the Company request, the applicable Master Subscriber agrees to provide a written certification of compliance with this provision to the Company.

Injunctive Relief. Each Master Subscriber acknowledges that in the event of a breach by such user of any of the provisions in the Master Subscription Agreement, Terms of service or the other Documentation, the Company will not have an adequate remedy in money damages and shall be entitled to injunctive relief, in addition to other remedies granted to the Company by the Documentation

Survival. Sections IV, VII, IX, X and XI of these Terms, all accrued rights to payment, and all remedies for breach of these Terms and the other Documentation shall survive termination of the Master Subscription Agreement and the relationship between the Subscriber and the Company.

Termination; Reservation of Rights

All rights granted to you by these Terms will terminate, and you will lose your status as a Master Subscriber, if applicable, if you fail to comply with any provision of these Terms, the Master Subscription Agreement, if applicable, or the other Documentation. The Company reserves the right to reconfigure or discontinue features or functionality of the Services, the Site, or CFCRM at any time, with or without notice, for any reason or no reason at all, with no liability to you.
Ownership of Information; Intellectual Property Rights

Except with respect to User-Uploaded Information, the content and information displayed on the Site is the property of the Company. The Company shall own all right, title and interest, including all related intellectual property rights, in and to the Site, CFCRM, and the Services and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Services. The Site and Services may contain or reference patents, trademarks, copyrighted materials, trade secrets, products, processes or other proprietary rights of the Company (“Intellectual Property Rights”). No right or license is granted to you for the Intellectual Property Rights.
Representations and Warranties of Subscriber

Each Master Subscriber represents and warrants that it has not falsely identified himself or herself nor provided any false information to gain access to the Services.
Revision of Terms

The Company may revise these Terms from time to time. Each Master Subscriber may be required to agree to revised Terms as a condition of continued use of the Services through the Site and CFCRM, and in any event each Subscriber’s continued use of the Site after the effective date of revised Terms shall confirm his, her or its agreement to be bound by such Terms.
Indemnity

EACH MASTER SUBSCRIBER AGREES TO INDEMNIFY AND HOLD HARMLESS THE COMPANY AND ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, AGENTS, AND REPRESENTATIVES FROM AND AGAINST ANY CLAIM, SUIT, ACTION, OR LOSS (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING FROM OR RELATED TO (I) ANY USER-UPLOADED INFORMATION POSTED BY YOU, (II) YOUR USE OF THE SERVICES, OR (III) ANY VIOLATION OF THESE TERMS OR THE OTHER DOCUMENTATION, EVEN IF SUCH CLAIM, SUIT, ACTION, OR LOSS ARISES FROM THE NEGLIGENCE OF THE COMPANY.

Disclaimers

The Company shall have no obligation to correct any bugs, defects or errors in, or to support, maintain, improve, modify, upgrade, update, or enhance the Site, CFCRM, or any other aspect of the Services. Use, downloading, and installation of any aspect of the Services (including any posting of or access to User-Uploaded Information) are at your own risk, and the Company is not responsible for any damage to your computer or mobile computing device or any loss of data that may result.

The Company shall not be liable for any damages or other adverse consequences arising as a result of the unavailability of the Site, Services, or User-Uploaded Information for any period of time.

The Company does not make any warranty that the Services are error-free, current, complete, or compatible with any particular device, software, or platform you use. Your use of the Services, including any material downloaded using the Services, is at your own risk and you are solely responsible for any loss of data or damage to your computer system or device that results from such use.

THE SERVICES INCLUDING THE COMPANY CONTENT ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NO INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM THE COMPANY OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OR AN APPLICABLE SUBSCRIPTION AGREEMENT.

The Company is not responsible for the practices of any third-party websites which provide a link to our Site, or the practices of any third-party website to which we provide a link. Any third-party website links on the Site or in CFCRM are provided as a convenience only. We encourage you to use caution and exercise good judgment when providing information to, transacting business with, or using the services of any third-party website.

Limitations of Liability

THE CUMULATIVE LIABILITY OF THE COMPANY TO MASTER SUBSCRIBER FOR ALL CLAIMS RELATING TO THIS DOCUMENTATION AND/OR THE SERVICES, INCLUDING ANY CAUSE OF ACTION ARISING OUT OF OR RELATING TO BREACH OF CONTRACT, GROSS NEGLIGENCE, INTENTIONAL MISCONDUCT, TORT, EQUITABLE CLAIMS OR STRICT LIABILITY, SHALL NOT EXCEED THE TOTAL AMOUNT OF ALL SUBSCRIPTION FEES PAID BY SUCH MASTER SUBSCRIBER. IN NO EVENT SHALL THE COMPANY BE LIABLE HEREUNDER FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY KIND, OR ANY LOST BUSINESS OR LOST SAVINGS, OR LOSS OR DAMAGE TO DATA, OR LOST PROFITS, OR ANY CLAIMS OR DEMANDS BROUGHT AGAINST SUBSCRIBER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS UPON DAMAGES AND CLAIMS ARE INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF ANY OF THE DOCUMENTATION HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE.

Essential Basis of Agreement

XII. Essential Basis of Agreement. Both parties acknowledge and understand that the disclaimers, exclusions and limitations of liability set forth in the Documentation form an essential basis of the agreement between the parties with respect to the Services, that the parties have relied upon such disclaimers, exclusions and limitations of liability in negotiating the terms and conditions of the Services, and that absent such disclaimers, exclusions and limitations of liability, the terms and conditions of the Services (specifically including, but not limited to, the Subscription Fees) would be substantially different.
Notice.

The Company may give notice by means of a general notice on the Services, e-mail, or by first class mail. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if first class mail) or 12 hours after sending (if email). You may give notice to the Company (notice deemed given when received) at any time by any of the following: first class mail or nationally recognized overnight delivery service to MyDigitalClients, LLC / CrowdfundingCRM, 301 S Rogers St., #207 Waxahachie, Texas 75165-3348.
Miscellaneous

The laws of the State of Texas, excluding its conflicts of law rules, shall govern these Terms and the Documentation, and (ii) you hereby irrevocably agree that all claims or disputes arising out of or in connection with these Terms shall be heard exclusively by any of the federal or state courts of competent jurisdiction located in Dallas County, Texas and you waive any objection to personal jurisdiction or the propriety or convenience of venue in such courts.

These Terms and the other Documentation are the complete and exclusive statement of the agreement with respect to the subject matter hereof and supersede all other communications or representations or agreements (whether oral, written, or otherwise) relating thereto. The failure of the Company to require performance of any provision of these Terms or the other Documentation in no manner shall affect its right at a later time to enforce the same. No waiver by the Company of any breach of these Terms or the other Documentation, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any other such breach, or a waiver of any other breach of these Terms or the applicable other Documentation.

If any provision of these Terms or any of the other Documentation shall to any extent be held invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions of these Terms or the other Documentation shall in no way be affected or impaired thereby and each such provision of these Terms and the other Documentation shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms and the other Documentation, as applicable, shall be reformed to the minimum extent necessary to correct any invalidity, illegality, or unenforceability, while preserving to the maximum extent the rights and commercial expectations of the parties hereto, as expressed herein. The section headings in these Terms are for convenience only and shall have no legal or contractual effect.

Effective Date: April 5, 2016

CrowdfundingCRM, MyDigitalClients, LLC
SUB ACCOUNT USER TERMS OF SERVICE

By accessing and using this website (the “Site”), you accept and agree to be bound by the terms and provisions of these Terms of Service (these “Terms”). In addition, when using the Site’s services or any of the related applications, you shall be subject to any posted guidelines or rules applicable to such services or applications, which may be posted and modified at any time. All such guidelines or rules are hereby incorporated by reference into this Agreement. ANY ACCESS OR USE OF THIS SITE OR ANY OF THE APPLICATIONS WILL CONSTITUTE ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO FULLY COMPLY WITH THESE TERMS, PLEASE DO NOT ACCESS OR USE THIS SITE OR ANY OF THE APPLICATIONS

This Site is made available to you by CrowdfundingCRM and MyDigitalClients, LLC and its affiliates (the “Company”). The Site offers access to the CrowdfundingCRM (“CFCRM”), which is an application that is utilized by the Company’s client, a Master subscriber for use by their sub account users. In addition to CFCRM, the Site offers access to other services, software applications, data, information, and functionality provided by the Company on the Site and/or through other Company websites (www.crowdfundingcrm.com, www.mydigitalclients.com, www.mdcdot.com and www.mdclink.com) (collectively referred to herein as the “Services”).

Access and use of the Services in connection with the Site is governed by these Terms, the master subscription agreement(s) between a subscriber and the Company (“ Master Subscription Agreement”), if applicable, and all user and operator manuals and other instructional information relating to the Services and that are provided to you. Personal information collected in connection with access and use of the Site is governed by the Site’s general Privacy Policy http://www.crowdfundingcrm.com and, for sub account users, the Subscriber Privacy Policy http://www.crowdfundingcrm.com (together with the documents and materials set forth in the preceding sentence, collectively, the “Documentation”). Please note that any failure to fully comply with these Terms or the other Documentation is grounds for immediate suspension or termination of access to the Services (including suspension or termination of access by other sub account users under the same Subscription Agreement) and will give rise to other legal rights and remedies in favor of the Company.

Use of Services

The Site and the Services provide limited access for nonsubscribers and increased access for sub account users. To be authorized to use any Services, you must agree with these Terms; however, for access to subscriber-related Services, such as CFCRM, you must also be an authorized subaccount user pursuant to a Master Subscription Agreement.

UNAUTHORIZED USE OF THE SERVICES CONSTITUTES UNAUTHORIZED ACCESS TO THE COMPANY’S COMPUTER SYSTEMS AND NETWORKS, WHICH IS STRICTLY PROHIBITED AND MAY GIVE RISE TO SERIOUS CONSEQUENCES UNDER STATE AND/OR FEDERAL LAW.

If you agree to these Terms, you are hereby granted a non-exclusive, non-transferable right to access and use the Services applicable to your intended use (nonsubscriber use versus sub account user use). With respect to subscriber-related Services, such right is subject to the terms and restrictions set forth in the applicable Master Subscription Agreement (as well as other Documentation), and, in the event of any inconsistency with these Terms, the terms of your applicable Master Subscription Agreement shall control. All rights not expressly granted to you in the Documentation are reserved by the Company.

You agree to abide by all applicable laws, rules and regulations in connection with your use of the Site, CFCRM, and the Services, including without limitation securities laws and regulations, privacy laws and regulations, and laws governing marketing or other contact with individuals by phone, text, e-mail or regular mail. With respect any Voice Over Internet Protocol calls initiated by you through CFCRM, you agree to abide by the Telephone Consumer Protection Act and all other applicable laws. Without limiting the foregoing, you shall not: (i) use the Site to store or transmit libelous, infringing, unlawful or tortious material or material in violation of third-party rights; (ii) use the Services for the purpose of serving as a factor in establishing an individual’s eligibility or suitability for credit, employment or insurance, or in any way that would cause the Services to be construed as a “consumer report”; (iii) transmit, provide access to or display any User-Uploaded Information to any person or entity that you know would engage in unfair or deceptive practices; (iv) use the Site or the Services in violation of any law concerning unsolicited messages or communications, including EU Directive 2002/58/EC, the U.S. CAN-SPAM Act, and the Canadian “anti-spam” law; (v) use the Site or the Services to store or transmit harmful or malicious code or devices; or (vi) interfere with or disrupt the integrity or performance of the Site or the Services, or related systems.

You agree to safeguard and maintain the confidentiality of your login credentials. You shall notify the Company immediately of any unauthorized use of your password or account or any other known or suspected breach of security.

As necessary for the provision of Services, the Company will automatically monitor and implement CFCRM updates. You hereby authorize automatic monitoring and implementation of CFCRM updates, and you agree to install any updates manually if necessary. These Terms apply to all Service updates.

e. You acknowledge and agree that the Company may, through the Site or CFCRM, collect, store, and use technical details, user preferences, and permissions, and login or other personal data and related information, to facilitate the provision and enhancement of the Services. This may include technical information about your computing device and browser. Additional information regarding the collection, use, and security measures associated with the Company’s storage and handling of data is set forth in the Site’s Privacy Policy http://www.crowdfundingcrm.com.

User-Uploaded Information

To the extent that the Site or CFCRM permits the uploading, posting, storage, or viewing of contact information or other content submitted by you (“User-Uploaded Information”), the Company shall have no responsibility for any such content or access thereto, and the Company shall not be responsible for any loss, unavailability, or corruption of such content. You shall retain ownership of all such User-Uploaded Information. You are responsible for (i) ensuring that all User-Uploaded Information submitted by you complies with applicable law and (ii) obtaining all necessary rights to upload, publish, or disseminate such User-Uploaded Information.

You represent, warrant, and covenant that you shall not submit any User-Uploaded Information which (i) restricts or inhibits any other user from using and enjoying the Services; (ii) is unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent; (iii) constitutes or encourages conduct that would constitute a criminal offense or give rise to civil liability; (iv) violates, plagiarizes, infringes, or constitutes a misappropriation of the rights of any third party including, without limitation, copyright, trademark, trade secret, patent, rights of privacy or publicity or any other proprietary right; (v) contains any malware or other software code or programming of any kind; or (vi) constitutes or contains false or misleading indications of origin or statements of fact.

The Company reserves the right to refuse to post or transmit or to remove any User-Uploaded Information in whole or in part, in the Company’s sole discretion, including any User-Uploaded Information that the Company believes has been uploaded in violation of these Terms, the Company’s privacy policies, or an applicable Subscription Agreement or constitutes a threat to the operation or integrity of the Site or the Services.

Payment, Non-Payment; Suspension of Services; Changes in Fees

Payment of Fees. In exchange for the developed software and applications accessible via the Services, each sub account user shall pay the Account Fees and Other Fees identified on the sign-up pages upon creation of your account. . Payment of the Subscription Fees shall be made at such times and in such amounts as set forth in upon sign or under the my billing section within the application after your account has been created. Except as otherwise specified in the Master Subscription Agreement, (i) fees are based on Services purchased and not actual usage, (ii) payment obligations are non-cancelable and fees paid are non-refundable, and (iii) quantities purchased cannot be decreased during the relevant subscription term.

Late Charges. If any fees or expenses are more than thirty (30) days overdue, the Company may, at its option, and without limiting its rights or remedies, charge interest at a rate of one and one-half percent (1 ½%) per month (eighteen percent (18%) per annum) or, if less, the highest rate allowed by applicable law from the date such fee or charge first became due.

Suspension of Access. If a sub account user does not pay the Subscription Fees or any other fees and/or expenses payable under the Master Subscription Agreement or the other Documentation within seven (7) days after they are due, the Company may suspend or cancel access to the Services. All current and remaining fees shall be paid prior to re-activation of the Services. Further you give us the right to charge your credit card on file for any past due charges.

Suspension of Service and Acceleration. If any amount owing by a sub account user for the Services is seven (7) or more days overdue (or ten (10) or more days overdue in the case of amounts you have authorized the Company to charge to your credit card), the Company may, without limiting the Company’s other rights and remedies, accelerate such sub account user unpaid fees under such agreements or Documentation so that all such obligations become immediately due and payable, and suspend the Company’s services to such sub account user until such amounts are paid in full.

Changes in Fees. At any time Subscription Fees may be changed, provided that the Company gives the applicable sub account user at least thirty (30) days’ prior written notice of the change.

Taxes. The Account Fees and any other fees owed by a sub account user under the Master Subscription Agreement or any other Documentation do not include U.S., state, local or other taxes. Any taxes required to be paid by the Company related to the Services may be added to the fees due under the Master Subscription Agreement and may be billed to the sub account user, and such sub account user will pay such amounts unless such sub account user provide the Company with a valid tax exemption certificate.
Subscription Agreement Term and Termination

Term. A sub account user subscription shall commence on the date that the sub account user created their account and will continue in force on a month to month term.. A sub account user can cancel their account by calling support or via the application at anytime. Unless you cancel your account before the end of a month period your subscription will be renewed for an additional one month Renewal Term. The Initial Term and all Renewal Terms are collectively referred to as the Term.

Termination for Cause. CFCRM may terminate a sub account users subscription in the event the sub account user has materially breached or defaulted in the performance of any of its obligations thereunder or under the Documentation or sub account user is verbally abusive or take other actions that negatively interfere with the Company’s business, and such breach or default has continued for ten (10) days after written notice thereof was provided to the breaching party by the non-breaching party. Any termination shall become effective at the end of such notice period unless the breaching party has cured any such breach or default (or taken steps to prevent the reoccurrence of such breach if it cannot be cured after the fact) prior to the expiration of such period.

Refund or Payment upon Termination. If the sub account users Subscription is properly terminated in accordance with Section IV(b) above, the Company will refund any prepaid fees covering the remainder of the Term after the effective date of termination. If the Subscription Agreement is terminated by the Company in accordance with Section IV(b) above, the applicable sub account user will pay any unpaid fees covering the remainder of their Term of all order forms or Subscription Agreements. Termination will not relieve such sub account user of its obligation to pay any fees payable to the Company for the period prior to the effective date of termination.

Termination for Convenience. In addition, the Company shall have the right to terminate a sub account users Subscription for any reason with twenty (10) days’ written notice. If the Subscription Agreement is properly terminated by the Company in accordance with this subsection, the Company will refund any prepaid fees covering the remainder of the Term of all order forms after the effective date of termination.

Effect of Termination. Upon termination of a sub account users Subscription for any reason, all rights granted to the applicable sub account user under the Master Subscription Agreement and Sub Account Terms of Service agreement shall immediately cease and terminate and such sub account user shall cease the use of the Services or any portion thereof. Sub account users shall return the originals of Documentation, any confidential information provided to such parties by the Company and all copies thereof, in whole or in part, to the Company within thirty (30) days after the effective date of termination. Should the Company request, the applicable Sub account user agrees to provide a written certification of compliance with this provision to the Company.

Injunctive Relief. Each sub account user acknowledges that in the event of a breach by such user of any of the provisions in the Master Subscription Agreement, Terms of service or the other Documentation, the Company will not have an adequate remedy in money damages and shall be entitled to injunctive relief, in addition to other remedies granted to the Company by the Documentation.

Survival. Sections IV, VII, IX, X and XI of these Terms, all accrued rights to payment, and all remedies for breach of these Terms and the other Documentation shall survive termination of the Master Subscription Agreement and the relationship between the Subscriber and the Company.

Termination; Reservation of Rights

All rights granted to you by these Terms will terminate, and you will lose your status as a sub account user, if applicable, if you fail to comply with any provision of these Terms, the Master Subscription Agreement, if applicable, or the other Documentation. The Company reserves the right to reconfigure or discontinue features or functionality of the Services, the Site, or CFCRM at any time, with or without notice, for any reason or no reason at all, with no liability to you.
Ownership of Information; Intellectual Property Rights

Except with respect to User-Uploaded Information, the content and information displayed on the Site is the property of the Company. The Company shall own all right, title and interest, including all related intellectual property rights, in and to the Site, CFCRM, and the Services and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Services. The Site and Services may contain or reference patents, trademarks, copyrighted materials, trade secrets, products, processes or other proprietary rights of the Company (“Intellectual Property Rights”). No right or license is granted to you for the Intellectual Property Rights.
Representations and Warranties of Subscriber

Each sub account user represents and warrants that it has not falsely identified himself or herself nor provided any false information to gain access to the Services.
Revision of Terms

The Company may revise these Terms from time to time. Each sub account user may be required to agree to revised Terms as a condition of continued use of the Services through the Site and CFCRM, and in any event each Subscriber’s continued use of the Site after the effective date of revised Terms shall confirm his, her or its agreement to be bound by such Terms.
Indemnity

EACH SUB ACCOUNT USER AGREES TO INDEMNIFY AND HOLD HARMLESS THE COMPANY AND ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, AGENTS, AND REPRESENTATIVES FROM AND AGAINST ANY CLAIM, SUIT, ACTION, OR LOSS (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING FROM OR RELATED TO (I) ANY USER-UPLOADED INFORMATION POSTED BY YOU, (II) YOUR USE OF THE SERVICES, OR (III) ANY VIOLATION OF THESE TERMS OR THE OTHER DOCUMENTATION, EVEN IF SUCH CLAIM, SUIT, ACTION, OR LOSS ARISES FROM THE NEGLIGENCE OF THE COMPANY.

Disclaimers

The Company shall have no obligation to correct any bugs, defects or errors in, or to support, maintain, improve, modify, upgrade, update, or enhance the Site, CFCRM, or any other aspect of the Services. Use, downloading, and installation of any aspect of the Services (including any posting of or access to User-Uploaded Information) are at your own risk, and the Company is not responsible for any damage to your computer or mobile computing device or any loss of data that may result.

The Company shall not be liable for any damages or other adverse consequences arising as a result of the unavailability of the Site, Services, or User-Uploaded Information for any period of time.

The Company does not make any warranty that the Services are error-free, current, complete, or compatible with any particular device, software, or platform you use. Your use of the Services, including any material downloaded using the Services, is at your own risk and you are solely responsible for any loss of data or damage to your computer system or device that results from such use.

THE SERVICES INCLUDING THE COMPANY CONTENT ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NO INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM THE COMPANY OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OR AN APPLICABLE SUBSCRIPTION AGREEMENT.

The Company is not responsible for the practices of any third-party websites which provide a link to our Site, or the practices of any third-party website to which we provide a link. Any third-party website links on the Site or in CFCRM are provided as a convenience only. We encourage you to use caution and exercise good judgment when providing information to, transacting business with, or using the services of any third-party website.
Limitations of Liability

THE CUMULATIVE LIABILITY OF THE COMPANY TO SUB ACCOUNT USER FOR ALL CLAIMS RELATING TO THIS DOCUMENTATION AND/OR THE SERVICES, INCLUDING ANY CAUSE OF ACTION ARISING OUT OF OR RELATING TO BREACH OF CONTRACT, GROSS NEGLIGENCE, INTENTIONAL MISCONDUCT, TORT, EQUITABLE CLAIMS OR STRICT LIABILITY, SHALL NOT EXCEED THE TOTAL AMOUNT OF ALL SUBSCRIPTION FEES PAID BY SUCH SUB ACCOUNT USER. IN NO EVENT SHALL THE COMPANY BE LIABLE HEREUNDER FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY KIND, OR ANY LOST BUSINESS OR LOST SAVINGS, OR LOSS OR DAMAGE TO DATA, OR LOST PROFITS, OR ANY CLAIMS OR DEMANDS BROUGHT AGAINST SUBSCRIBER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS UPON DAMAGES AND CLAIMS ARE INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF ANY OF THE DOCUMENTATION HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE.

Essential Basis of Agreement

XII. Essential Basis of Agreement. Both parties acknowledge and understand that the disclaimers, exclusions and limitations of liability set forth in the Documentation form an essential basis of the agreement between the parties with respect to the Services, that the parties have relied upon such disclaimers, exclusions and limitations of liability in negotiating the terms and conditions of the Services, and that absent such disclaimers, exclusions and limitations of liability, the terms and conditions of the Services (specifically including, but not limited to, the Subscription Fees) would be substantially different.
Notice.

The Company may give notice by means of a general notice on the Services, e-mail, or by first class mail. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if first class mail) or 12 hours after sending (if email). You may give notice to the Company (notice deemed given when received) at any time by any of the following: first class mail or nationally recognized overnight delivery service to MyDigitalClients, LLC, 301 S Rogers St., #207 Waxahachie, Texas 75165-3348.
Miscellaneous

The laws of the State of Texas, excluding its conflicts of law rules, shall govern these Terms and the Documentation, and (ii) you hereby irrevocably agree that all claims or disputes arising out of or in connection with these Terms shall be heard exclusively by any of the federal or state courts of competent jurisdiction located in Dallas County, Texas and you waive any objection to personal jurisdiction or the propriety or convenience of venue in such courts.

These Terms and the other Documentation are the complete and exclusive statement of the agreement with respect to the subject matter hereof and supersede all other communications or representations or agreements (whether oral, written, or otherwise) relating thereto. The failure of the Company to require performance of any provision of these Terms or the other Documentation in no manner shall affect its right at a later time to enforce the same. No waiver by the Company of any breach of these Terms or the other Documentation, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any other such breach, or a waiver of any other breach of these Terms or the applicable other Documentation.

If any provision of these Terms or any of the other Documentation shall to any extent be held invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions of these Terms or the other Documentation shall in no way be affected or impaired thereby and each such provision of these Terms and the other Documentation shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms and the other Documentation, as applicable, shall be reformed to the minimum extent necessary to correct any invalidity, illegality, or unenforceability, while preserving to the maximum extent the rights and commercial expectations of the parties hereto, as expressed herein. The section headings in these Terms are for convenience only and shall have no legal or contractual effect.

Effective Date: April 5, 2016

No Spammers Allowed.

CFCRM has a zero-tolerance policy against the sending of spam and unsolicited mail through our application, and we prohibit the use of third-party, purchased, rented, or harvested mailing lists. To understand which kinds of contacts can be mailed through our system, please read this article in our help desk: http://helpdesk.mdcdot.com/knowledgebase/can-i-upload-this-list/

What Happens If My Account is Flagged as a Spammer?

If your account is flagged in one of the following ways, this will cause your subscription to be paused and an investigation of your account to be undertaken:

  • Your Sending IP and domain name are blacklisted or flagged through one of the feedback loops we maintain with many Internet and Email Service Providers
  • You have high email sending bounce, unsubscribe or spam report rates
  • You are found to have uploaded and mailed to third-party, purchased, rented, or harvested mailing lists
  • An abuse complaint has been filed against you via our support desk

We will investigate all potential spam incidents thoroughly before making a decision. If we find that you are spamming, or trying to spam with your CFCRM account, we will immediately proceed in one or more of the following ways:

  • Your account will be terminated
  • You will not be refunded
  • If your spamming causes any interruptions in our ability to service other customers, you will be held financially responsible and charged accordingly
  • We will pursue legal action against you. (Spamming violates our terms of service)

I Think an CFCRM User is Spamming Me. What Do I Do?

If you believe you have received spam from an CFCRM user, forward the email you received to us at support@mydigitalclients.com.

Please include the headers of the email when you forward it, and briefly tell us why you believe the message is spam. We take all spam complaints seriously and will investigate promptly.

Have Questions About the CFCRM Anti-Spam Policy?

We're happy to answer any questions you have about spam and our anti-spam policy. Just contact us at support@mydigitalclients.com!

Neither CrowdfundingCRM™ ( owned by Crowdfundingroadmap™ Inc and MyDigitalClients™, LLC and its affiliates (the “Company”, “we”, “us”, “our”) nor its affiliates are registered as either broker-dealers or investment advisors and do not provide any services requiring such registration. Always seek the advice of a competent professional advisor , Lawyer or CPA with any questions you may have regarding these matters. By accessing this Site and its pages you agree to be bound by this Legal Disclaimer and the Terms of Use and Privacy Policy.

CrowdfundingCRM™ and MyDigitalClients™ LLC and its affiliates (the “Company”, “we”, “us”, “our”) makes no assurances that any information on its website Blog, library or distributed from its marketing automation technology whether in paid advertisements or provided by outside sources, is true, correct or precise.

CrowdfundingCRM™ and MyDigitalClients™, LLC and its affiliates (the “Company”, “we”, “us”, “our”) does not offer investment advice or analysis. Nor do we endorse or recommend investments in any company or the suitability of an investment for any particular investor and we make no representations or warranties as to the accuracy of such information and accept no liability therefor.

The posting of information regarding any company in its Newsletter, blog including any links to information on the CrowdfundingCRM™ website, should not be construed as an endorsement or recommendation of that company for any purpose whatsoever, either for purposes of investment or otherwise. Any person receiving this Newsletter or accessing our Site is encouraged to consult with their own financial advisor, tax advisor and/or attorney before making any decision to invest.

All information distributed from Crowdfunding CRM™.com and in its Newsletter regarding any company is the sole responsibility of the company providing the information, and CrowdfundingCRM™ and MyDigitalClients™, LLC (including its affiliates) makes no representation or warrant as to the adequacy, accuracy or completeness of such information.

In no event is CrowdfundingCRM™ and MyDigitalClients™, LLC responsible for any information contained in any links that take you outside of our website or emails, blog or library.

All investments entail risk. The companies using CrowdfundingCRM™ or identified in this Newsletter are generally small or early stage companies and are, therefore, subject to risks inherent in investing in any small or early stage company as well as other risks specific to their business and operations.

In addition, securities of these companies may be highly illiquid, requiring that they be held for an indefinite period of time. Therefore no one reading this Newsletter or accessing our CrowdfundingCRM™ website ought to invest in any of these companies unless they have no need for liquidity of their investment and can sustain a total loss of their investment.

By accessing this Site and its pages you agree to be bound by the Terms of Use and Privacy Policy and always seek advice of a competent professional advisor with any questions you may have regarding these matters.

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