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MCM-CRM Terms of Service & User Agreement

  1. Acceptance of Terms

The following “Terms of Service” governs your use of the software and services provided by

MCM CRM LLC (“MCM CRM”) at mcmcrm.com website (the “Site”). This is a binding

agreement between you and MCM CRM and incorporates our Privacy Policy at

mcmcrm.com/privacy-policy. By using any software or services provided by MCM CRM (the

“Services”), you are accepting to be bound to the terms of this Agreement.

We reserve the right to change these Terms from time to time. When we make any changes to our

Terms, we will display a notification to inform you that our Terms have been changed or we plan

to change our Terms. You acknowledge and agree that it is your responsibility to periodically

review this Site and these Terms. Your continued use of this Site and Services after such

modifications will constitute acknowledgement and acceptance of the modified Terms.

As used in these Terms, references to our “Affiliates” include our owners, licensees, assigns,

subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, advertisers, and

includes (without limitation) all parties involved in creating, producing, and/or delivering this Site

and/or contents and Services available on this Site.

BY USING THIS SITE AND SERVICES ON THIS SITE, YOU AGREE TO BE BOUND BY

THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS, PLEASE

EXIT THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE,

PRODUCTS, SERVICES OR SERVICES AVAILABLE ON THIS SITE, OR THESE TERMS

IS TO CEASE USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS, SERVICES

OR SERVICES. THESE TERMS ARE EFFECTIVE ONCE YOU CLICK THE ‘I AGREE’

BUTTON BELOW.

  1. Services

MCM CRM provides a multitude of products integration and services for users on our Site, which

you may subscribe through our Site.

  1. No Guarantee

Although MCM CRM works hard to provide quality Services, you understand and acknowledge

that we cannot promise or guarantee specific results from using the Site or Services available on

this site.

  1. Temporary Interruptions

You understand and agree that temporary interruptions of the Site may occur. You also understand

and agree that we have no control over the third-party networks or service(s) that we may use to

provide you with Services. You agree that the Services available on this Site are provided

“AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery, interruption, or

failure to store any user communications or personalization settings.

  1. Right to Modify the Services

We reserve the right to implement new elements as part of the Services including changes that

may affect the previous mode of operation of the Services. We believe that any such modifications

will enhance the overall Services, but it is possible that your opinion may vary.

  1. No Contingency on Future Releases and Improvements. You understand that your purchase of

the Services on our Site is not contingent on the delivery by us of any future release of any

functionality or feature, including without limited to, the continuation of a certain service beyond

its current subscription term or third party services or dependent on any public comments we make,

regarding any future functionality or feature.

  1. Payment
  2. Fees

If you choose to purchase one or more of the Services provided on our Site, you agree to pay all

fees associated with the Services. Our monthly subscription provides tiered pricing for different

levels of services and products based on the services you choose to use. In addition to our monthly

subscription services, you may purchase add-in services for a one-time fee or recurring

subscription fees. Fees may change from time to time.

Any charges incurred by your purchase or use of the Services, will be billed to the credit card we

have on file. In the event you sign up for a Service that is ongoing and incurs reoccurring charges

(such as a subscription), such charges will be billed in advance of service. You agree to provide

us with accurate and complete billing information, including valid credit card information, your

name, address and telephone number, and to provide us with any changes in such information

within 10 days of the change.

  1. Overdue Amounts

If, for any reason, your credit card MCM CRM declines or otherwise refuses to pay the amount

owed for the Services you have purchased, you agree that we may suspend or terminate

performance of Services or delivery of products and may require you to pay any overdue amounts

incurred (including any third-party chargeback fees or penalties) by other means acceptable to

  1. In the event legal action is necessary to collect on balances due, you agree to reimburse us for

all expenses incurred to recover sums due, including attorney fees and other legal expenses.

  1. All Subscriptions Non-refundable

Except as described below, all fees paid for the Services provided on our Site are non-refundable,

and no prorated refunds or credits will be offered for partially used subscriptions. However, if we

issue a refund or credit in one instance, we are under no obligation to issue the same refund or

credit in the future.

We reserve the right to issue refunds or credits at our sole discretion in the following situations:

  1. Where we materially modify Terms of Service, Privacy Policy during a

billing period and such modification adversely affects you, we may refund a

portion of your subscription fee equal to the remaining unused term, as we

determine appropriate or as may be required by applicable law. To be

eligible for a refund, you must provide written notice which must (a)

identify your account and (b) request cancellation of the specific Service.

The cancellation will be effective upon our receipt of your notice and our

determination that you are authorized to effect such cancellation. Please

refer to the section, “How to Send Notices to MCM CRM,” below on how to

provide notice to us.

  1. As noted in the section, “Services,” where a modification or interruption

adversely affects you and alternative remedies as specified in our Terms of

Service are not available, we may refund a portion of your paid subscription

fee equal to the remaining unused term of your subscription, as we

determine appropriate or as may be required by applicable law.

  1. Site Conduct, Posting Policies & Third Party Websites
  2. User-Created Content Guidelines

Your use of the Site is subject to all applicable laws and regulations, and you are solely responsible

for any comments or posts you leave on the Site. By posting information on the Site, or by

otherwise using any communications service, message board, newsgroup, or other interactive

service available on the Site, you agree that you will not post comments, messages, links, code or

other information that:

  1. is unlawful, threatening, abusive, harassing, defamatory, deceptive,

fraudulent, tortious, invasive of another’s privacy, or includes graphic

descriptions of sexual or violent content;

  1. victimizes, harasses, degrades, or intimidates an individual or group of

individuals on the basis of religion, gender, sexual orientation, race,

ethnicity, age, or disability;

  1. infringes any patent, trademark, trade secret, copyright, right of publicity, or

other proprietary right of any party;

  1. consists of unsolicited advertising, junk or bulk email (also known as

“spam”), chain letters, any other form of unauthorized solicitation, or any

form of lottery or gambling;

  1. contains any form of malicious code, files, or programs that are designed or

intended to disrupt, damage, or limit the functionality of any software,

hardware, or telecommunications equipment or otherwise causes damage, or

allows you to obtain unauthorized access to any data or other information of

any third party;

  1. breaches the security of, compromises or otherwise allows access to

secured, protected or inaccessible areas of this Site, or attempts to gain

access to other network or server via your account on this Site;

  1. impersonates any person or entity, including any of our employees or

representatives.

At our sole discretion, MCM CRM may choose to unpublish or otherwise make not available for

public viewing, any material we deem unnecessary for use of our Site.

  1. User customization. MCM CRM platform within our Site may be modified by users,

incorporating the users’ name, logo, trademark, and color scheme into user’s individual access

area within our Site, and/or by otherwise applying a user-built code on top of MCM CRM

platform. You are solely responsible for copyright, trademark or other intellectual property

concerns connected with your customized look and feel of our Site. You acknowledge that you

may not be able to customize our Site according to your unique branding to the extent that your

customization would appear to be independently developed.

  1. No Endorsement

MCM CRM neither endorses nor assumes any liability for any material uploaded or submitted by

users on any part of the Site. Although we do not pre-screen, police or monitor comments posted

on our Site, we and our agents reserve the right to remove any and all postings that we feel do not

comply with these Terms and any other rules of user conduct for our Site, or are otherwise harmful,

objectionable, or inaccurate. We are not responsible for any failure or delay in removing such

postings.

MCM CRM may publish content featuring testimonials of our users, and any views or opinions

expressed in such posts are personal and do not constitute or imply any approval, sponsorship or

endorsement of MCM CRM.

  1. Third-Party Sites and Information

This Site may redirect or link to other websites on the Internet, or may otherwise include references

to information, products or services made available by unaffiliated third parties. While we make

every effort to work with trusted, reputable providers, from time to time such sites may contain

information, material or policies that some may find inappropriate or personally objectionable.

You understand that we are not responsible for the accuracy, completeness, decency or legality of

content hosted by third party websites, nor are we responsible for errors or omissions in any

references made on those websites. The inclusion of such a link or reference is provided merely as

a convenience and does not imply endorsement of, or association with the Site or party by us, or

any warranty of any kind, either express or implied.

  1. Promotions

From time to time, this Site may include advertisements offered by third parties. You may enter

into correspondence with or participate in promotions of the advertisers showing their products on

this site. Any such correspondence or promotions, including the delivery of and the payment for

goods and services by those third parties, and any other terms, conditions, warranties or

representations associated therewith, are solely between you and the advertiser. We assume no

liability, obligation or responsibility for any part of any such correspondence or promotion.

  1. Electronic Communication

When you enroll in the Online Service, you must designate a primary email address that will be

used for receiving electronic communication. To the extent that MCM CRM maintains an online

message center now or in the future, such exchange of communications shall be considered an

electronic communication and may be utilized by MCM CRM for providing you notices pursuant

to these Terms, as required by Applicable Law (as permitted) or generally regarding your

Account(s) with MCM CRM. We will NEVER send you email requesting confidential information

such as Account numbers, usernames, or passwords and you should NEVER respond to any email

requesting such information. If you receive such an email purportedly from MCM CRM, do not

respond to the email and notify MCM CRM by emailing us at support@MCMCRM.com

  1. MCM CRM Intellectual Property
  2. Content

For purposes of these Terms, “content” is defined as any information, communications, software,

published works, photos, video, graphics, music, sounds, or other material that can be viewed by

users on our Site and is owned by MCM CRM or its Affiliates.

  1. Ownership of Content

By accepting these Terms, you agree that all content presented to you on this Site is protected by

any and all intellectual property and/or other proprietary rights available within the United States

and is the sole property of MCM CRM or its Affiliates.

All custom graphics, icons, logos and service names are registered trademarks, trademarks or

service marks of MCM CRM or its Affiliates. All other trademarks or service marks are property

of their respective owners. Nothing in these Terms of Use grants you any right to use any

trademark, service mark, logo, and/or the name of MCM CRM or its Affiliates.

A third party website may feature our logos or trademarks, with or without authorization. Our logs

or trademarks featured in any third party website do not constitute or imply any approval,

sponsorship or endorsement of MCM CRM.

Certain of the ideas, software and processes incorporated into the Services available on this Site

are protected by patent applications pending in the United States, and we intend to prepare and file

additional patent applications in selected foreign jurisdictions.

  1. Limitations on Use of Content

Except for a single copy made for personal use, you may not copy, reproduce, modify, republish,

upload, post, transmit, or distribute any content from this Site in any form or by any means

whatsoever without prior written permission from us. Any unauthorized use of Site content

violates our intellectual property interests and could result in criminal or civil penalties.

  1. No warranty for Third-Party Infringement

Neither we or our Affiliates warrant or represent that your use of materials displayed on, or

obtained through, this Site will not infringe the rights of third parties.

  1. Content You Create
  2. Your Intellectual Property Rights

You own and retain all rights to your data and your code for customizing MCM CRM platform.

You grant us and our applicable third parties to use your data as necessary to provide the Services

to you and as permitted by this Agreement and our Privacy Policy. If you are using the Services

on behalf of another party, then you represent and warrant that you have all sufficient and

necessary rights and permissions to do so. Subject to the limited license granted, we acquire no

right, title or interest from you or your licensors under this Agreement.

We respect the intellectual property rights of others, and we ask you to do the same. In instances

where we are notified of alleged infringement, MCM CRM or User Content through our

Designated Agent, a decision may be made to remove access or disable access to such materials,

in compliance with the safe harbor provisions of the Digital Millennium Copyright Act,17 U.S.C.

  • 512(c). We may also make a good faith attempt to contact the person who submitted the affected

material so that they may make a counter-notification.

If you believe that you or someone else’s copyright has been infringed by MCM CRM or User

Content provided on this Site, you (or the owner or rights holder, collectively, “Rights Holder”)

should send notification to our Designated Agent immediately. Prior to sending us notice, the

Rights Holder may wish to consult a lawyer to determine their rights and legal obligations under

the DMCA and any other applicable laws. Nothing here or anywhere on this Site is intended as a

substitute for qualified legal advice. To file a Notice of Infringing Material, we ask that the Rights

Holder provide the following information:

  1. Reasonably sufficient details about the nature of the copyrighted work in question, or, in

the case of multiple alleged infringements, a representative list of such works. This should

include, title(s), author(s), any U.S. Copyright Registration number(s), URL(s) etc.;

  1. Reasonably sufficient details to enable us to identify and locate the material that is

allegedly infringing the Rights Holders’ work(s) (for example, file name or URL of the

page(s) that contain(s) the material);

  1. The Rights Holder’s contact information so that we can contact them (including for

example, the Rights Holder’s address, telephone number, and email address);

  1. A statement that the Rights Holder has a good faith belief that the use of the material

identified above in 2 is not authorized by the copyright owner, its agent, or the law;

  1. A statement, under penalty of perjury, that the information in the notification is accurate

and that the Rights Holder is authorized to act on behalf of the copyright owner; and

  1. The Rights Holder’s electronic signature.

Notice may be sent to:

By e-mail: support@MCMCRM.com

  1. Counter-Notification

If material that you have posted to our Site has been taken down, you may file a counter-

notification that contains the following details:

  1. Identification of the material that has been removed or to which access has been disabled

and the location at which the material appeared before it was removed or access to it was

disabled;

  1. A statement, under penalty of perjury, that you have a good faith belief that the material

was removed or disabled as a result of mistake or misidentification of the material in

question;

  1. Your name, address and telephone number;
  2. A statement that you consent to the jurisdiction of federal district court in the federal district

court in the State of Texas and that you will accept service of process from the person who

provided notification in compliance with section 512 (c)(1)(C) of the DMCA, or an agent

of such person.

  1. Your physical or electronic signature.
  2. Notice may be sent to:

By e-mail: support@MCMCRM.com

You also acknowledge and agree that upon receipt of a notice of a claim of copyright infringement,

we may temporarily or permanently remove the identified materials from our site without liability

to you or any other party.

  1. Submission of Ideas

Our Site may include a platform through which users may submit ideas to use for new products,

services and/or related features (each, an “Idea”). By submitting an idea to MCM CRM, you agree

to the following unless we have mutually agreed in writing otherwise:

  1. You are submitting your Idea to MCM CRM on a voluntary, non-confidential and

gratuitous basis;

  1. You grant MCM CRM and its designees a perpetual, irrevocable, non-exclusive, fully-paid

up and royalty-free license to use any Idea you submit to MCM CRM without restrictions

or payment or other consideration of any kind, or permission or notification to you or any

third party. The license includes, without limitation, the irrevocable right to reproduce,

prepare derivative works, combine with other works, alter, translate, distribute copies,

display, perform, license the Idea, and all rights therein, in the name of MCM CRM or its

designees throughout the universe in perpetuity in any and all media now or hereafter

known;

  1. MCM CRM may already be working on the same or a similar Idea, that it may have

received a similar or identical Idea from other sources;

  1. To the best of your knowledge, the Idea represents your own original work, you have all

necessary rights to disclose the Idea to MCM CRM, and neither your disclosure of the Idea

nor MCM CRM’s review and/or use of the Idea will infringe upon the rights of any other

individual or entity;

  1. Disclosing your Idea to MCM CRM does not establish a confidential relationship or

obligate MCM CRM to treat the Idea as confidential;

  1. MCM CRM has no obligation to develop or use your Idea and does not owe you or anyone

else any compensation for any use of your Idea or any Ideas that are related to or derived

from your Idea;

  1. MCM CRM assumes no obligation with respect to any Idea unless and until it enters into

a written contract with you, and then only as expressed in such written contract;

  1. If your Idea is the subject of a patent that is pending or has been issued, you have or will

disclose that fact to MCM CRM. MCM CRM acknowledges that to the extent you hold a

patent in the Idea, no license under any patent is granted herein to MCM CRM;

  1. Any license to use a patented Idea shall be in the form of a written contract, and MCM

CRM’s obligations shall be limited to only those in such written contract;

  1. MCM CRM is not obligated to review your Idea, give reasons for rejecting your Idea, or

disclose any activities that are related to the subject matter of your Idea;

  1. You will not construe MCM CRM’s review of your Idea, or any discussion, negotiations

or offer between yourself and MCM CRM relating to the possible purchase or license of

your Idea, as recognition of the novelty, originality, priority, other rights, or value of your

Idea, and MCM CRM’s discussions or negotiations with you will not in any way impair

MCM CRM’s right to contest the validity or infringement of your rights;

  1. You hereby irrevocably release and forever discharge MCM CRM from any and all actions,

causes of actions, claims, damages, liabilities and demands, whether absolute or contingent

and of any nature whatsoever, which you now have or hereafter can, shall or may have

against MCM CRM or its respecting successors and assigns with respect to the Idea,

including without limitation in respect of how MCM CRM directly or indirectly uses the

Idea, with the sole exception in respect of the foregoing release and discharge being your

right to bring a claim of patent infringement; and

  1. You agree that you are responsible for the content of the Idea and further agree (at MCM

CRM’s option and at your sole expense) to defend, indemnify, and hold MCM CRM

harmless from any and all actions, claims, and liabilities, demands, whether absolute or

contingent and of any nature whatsoever, damages, losses, costs, fees, fines or expenses,

including reasonable attorneys’ fees, which MCM CRM may incur as a result of, use of, or

are related to your Idea and anything contained therein in accordance with these Terms of

Service.

  1. Data Stored on Our Servers

Subject to our Privacy Policy (https://www.MCMCRM.com/privacy-policy), you agree that we

have no responsibility or liability for the deletion or failure to store any content maintained or

transmitted on or through this Site. You acknowledge that we reserve the right to remove or

terminate accounts which have not paid a subscription fee, that remain inactive for longer than 1

year, or in cases where you have violated one or more terms of this Agreement.

  1. Privacy & Security
  2. Login Required

In order to access some of the Services on this site, you may be asked to set up an account and

password. Our account registration page requests certain personal information from you

(“Registration Info”). You will have the ability to maintain and periodically update your

Registration Info as you see fit. By registering, you agree that all information provided by you as

Registration Info is true and accurate and that you will maintain and update this information as

required in order to keep it current, complete and accurate.

  1. Passwords & Security

If you register for an account on the Site, you agree that you are responsible for maintaining the

security and confidentiality of your password, and that you are fully responsible for all activities

or charges that are incurred under your account. Therefore, you must take reasonable steps to

ensure that others do not gain access to your password and account. Our employees will never ask

you for your password.

  1. Disclosure to Third Party Affiliates

Subject to our Privacy Policy (https://www.MCMCRM.com/privacy-policy), you hereby grant us

the right to disclose to third parties certain Registration Info about you. [Optional: The information

we obtain through your use of this site, including your Registration Info, is subject to our Privacy

Policy, which is specifically incorporated by reference into these Terms of Use.]

  1. Non-Transferability of User Account

User Accounts are non-transferable, and all users are obligated to take preventative measures to

prohibit unauthorized users from accessing the Web Site with his or her password. You may not

assign these Terms, in whole or in part, or delegate any of your responsibilities hereunder to any

third party. Any such attempted assignment or delegation will not be recognized by MCM CRM

unless acknowledge by MCM CRM in writing. MCM CRM has no obligation to provide you

with written acknowledgment. MCM CRM may, at any time and in its sole discretion, assign

these Terms, in whole or in part, or delegate any of our rights and responsibilities under these

Terms to any third party or entity.

  1. Disclaimer

ALL CONTENT AND SERVICES ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS

AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR

IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF

MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE

WARRANTY OF NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE

CONTENT OR SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE CONTENT,

SERVICES OR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,

(C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT OR

SERVICES OFFERED WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE

QUALITY OF ANY CONTENT OR SERVICES PURCHASED OR OBTAINED BY YOU

FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS

OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR

TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE CONTENT AND

SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY

PRODUCTS OR SERVICES LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE

CONTENT OR PRODUCTS AVAILABLE AT THIS SITE MAY BE OUT OF DATE, AND WE

MAKE NO COMMITMENT TO UPDATE SUCH CONTENT OR PRODUCTS.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF

ANY PRODUCTS OR CONTENT THROUGH THIS SITE IS DONE AT YOUR OWN

DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY

RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA

THAT RESULTS FROM SUCH ACTIVITIES.

Through your use of the Site, you may have the opportunities to engage in commercial transactions

with other users and vendors. You acknowledge that all transactions relating to any products or

services provided by any third party, including, but not limited to the purchase terms, payment

terms, warranties, guarantees relating to such transactions, are solely between the seller of such

merchandise and you.

WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED

THROUGH A THIRD PARTY, OR IN CONNECTION WITH THIS SITE, AND YOU

UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED

ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN

CONNECTION WITH ANY SERVICES OR CONTENT AVAILABLE ON OR THROUGH

THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY,

AND NOT BY US OR ANY OF OUR AFFILIATES.

WE RESERVE THE SOLE RIGHT TO EITHER MODIFY OR DISCONTINUE THE SITE,

INCLUDING ANY SERVICES OR FEATURES THEREIN, AT ANY TIME WITH OR

WITHOUT NOTICE TO YOU. WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD

PARTY SHOULD WE EXERCISE SUCH RIGHT. MODIFICATIONS MAY INCLUDE, BUT

ARE NOT LIMITED TO, CHANGES IN THE PRICING STRUCTURE, THE ADDITION OF

FREE OR FEE-BASED SERVICES. ANY NEW FEATURES THAT AUGMENT OR

ENHANCE THE THEN-CURRENT SERVICES ON THIS SITE SHALL ALSO BE SUBJECT

TO THESE TERMS OF USE.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN

WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.

  1. Limitation of Liability & Indemnification

Your exclusive remedy and our entire liability, if any, for any claims arising out of these Terms

and your use of this Site shall be limited to the amount you paid us for Services purchased on the

Site during the 3 month period before the act giving rise to the liability.

IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD

PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL

DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT

LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFIT LOSS,

WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH

DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN

CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEBSITE REFERENCED OR

LINKED TO FROM THIS SITE.

FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY PROMISES

REGARDING OUR SERVICES OR CONTENT OR FOR ASSISTANCE IN CONDUCTING

COMMERCIAL TRANSACTIONS WITH THE THIRD PARTY THROUGH THIS SITE,

INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY

FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS

MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.

You agree to defend, indemnify, and hold us and our Affiliates against all demands, claims,

actions, proceedings, damages, liabilities, losses, fees, costs or expenses (including without

limitation reasonable attorneys’ fees and the costs of any investigation) directly or indirectly

arising from or in any way connected with: (1) use of or reliance on information or data supplied

or to be supplied by You; (2) any breach of or default under the terms or conditions of this

Agreement by You; (3) the wrongful use or possession of any MCM CRM Property by You; (4)

any negligence, gross negligence or willful misconduct by You or your employees or agents;

and/or (5) any disputes between (i) You and other Users (ii) You and your client(s) and/or (iii)

your clients.

  1. Termination of Use
  2. Grounds for Termination

You agree that we may, at our sole discretion, terminate or suspend your access to all or part of

the Site with or without notice and for any reason, including, without limitation, breach of these

Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for barring your

access to this Site, and reporting you to the proper authorities, if necessary.

  1. No Right to Services Upon Termination

Upon termination and regardless of the reason(s) motivating such termination, your right to use

the Services available on this Site will immediately cease. We shall not be liable to you or any

third party for any claims for damages arising out of any termination or suspension or any other

actions taken by us in connection therewith. Sections 1 and 3-11 of these Terms, as well as your

liability for any unpaid fees, shall survive any termination.

  1. How to Terminate or Make Adjustments

If you, for any reason, would like to terminate your access to our Site or make adjustments, MCM

CRM require written notice at least 30 days before your next billing date.

  1. No Termination by Third Party Users

MCM CRM has limited access to subscriptions not directly purchased from us. Any user who has

been given access to our Site by any party other than MCM CRM, must contact the party who

originally provided access to our Site for any inquiries related to termination.

  1. Miscellaneous Provisions
  2. Privacy

Personally identifiable information or aggregate information that you provide will be handled in

accordance with MCM CRM’s Privacy Policy (https://www.MCMCRM.com/privacy-policy).

When you provide access to our Site to any other parties, i.e. your client(s), you must implement

and enforce your own Privacy Policy, providing the level of protection at least equal to that

provided to you by MCM CRM. You must obtain consent from your client(s), affirmatively

acknowledging that your client(s) agree(s) to be bound by your privacy policy.

  1. International Use

Although this Site may be accessible worldwide, we make no representation that materials on this

Site are appropriate or available for use in locations outside the United States. Those who choose

to access this Site from other locations do so on their own initiative and at their own risk. If you

choose to access this Site from outside the United States, you are responsible for compliance with

local laws in your jurisdiction, including but not limited to, the taxation of products purchased over

the Internet. Any offer for any product, Services, and/or information made in connection with this

Site is void where prohibited.

  1. Governing Law

This Site (excluding any Third Party websites) is controlled by us from our offices in Texas, and

the statutes and laws of Texas shall be controlling, without regard to the conflicts of laws principles

thereof. You agree and hereby submit to the exclusive personal jurisdiction and venue to Dallas,

Texas or appropriate federal/state court of Texas with respect to such matters controlled by that

court.

  1. How to Send Notices to MCM CRM

All notices to a party shall be in writing and shall be made via email. Notices to us must be sent to

the attention of Customer Service at support@MCMCRM.com. You agree to allow us to submit

notices to you either through the email address provided, or to the address we have on record. Any

notices or communication under these Terms will be deemed delivered to the party receiving such

communication (1) on the delivery date if delivered personally to the party; (2) two business days

after deposit with a commercial overnight carrier, with written verification of receipt; (3) five

business days after the mailing date, if sent by U.S. mail, return receipt requested; or (4) on the

delivery date if transmitted by confirmed email.

  1. Force Majeure

In addition to any excuse provided by applicable law, we shall be excused from liability for non-

delivery or delay in delivery of products and Services available through our Site arising from any

event beyond our reasonable control, whether or not foreseeable by either party, including but not

limited to: labor disturbance, war, fire, accident, adverse weather, inability to secure transportation,

governmental act or regulation, and other causes or events beyond our reasonable control, whether

or not similar to those which are enumerated above.

  1. Savings Clause

If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a

manner consistent with applicable law to reflect, as nearly as possible, the original intentions of

the parties, and the remaining portions shall remain in full force and effect.

  1. No Waiver

Any failure by us to enforce or exercise any provision of these Terms or related rights shall not

constitute a waiver of that right or provision.

  1. Entire Agreement

These terms and conditions constitute the entire agreement and understanding between the parties

concerning the subject matter hereof and supersedes all prior agreements and understandings of

the parties with respect thereto. These Terms may NOT be altered, supplemented, or amended by

the use of any other document(s). To the extent that anything in or associated with this Site is in

conflict or inconsistent with these Terms, these Terms shall take precedence.

13 Cancellation Policy

  1. If you wish to cancel your account, notify us at least 15 days before end of your term (via an email to support@mcmcrm.com) . Upon cancellation, your data is deleted from our servers. Since deletion of all data is final please be sure that you do in fact want to cancel your account before doing so.
  2. Your subscription gets renewed automatically at the end of each month
  3. You can upgrade or downgrade level of our services at any time of your usage, however MCM-CRM does not refund any fees in that case
  4. If you stop using our services in between the term, we will not refund you the fees paid by you for the remaining term
  5. We reserve the right to modify or terminate the MCM-CRM service(s) for any reason, without notice at any time.
  6. Fraud: Without limiting any other remedies, MCM-CRM may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or investigation, or otherwise, forcefully removed our branding) have engaged in fraudulent activity in connection with the services offered by us.
  7. Note: No refunds are offered, even if a plan is canceled mid-month.
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