TERMS AND CONDITIONS OF USE

The following Terms and Conditions of Use (the “Agreement”) constitutes an agreement between you and Campaign Secrets, Inc. (“Campaign Secrets”), operator of campaignsecrets.com, campaigntips.com, campaignsitebuilder.com, campaigncashcow.com, and campaignconcierge.com (collectively and individually the “Sites”). By using the Sites, you agree to be bound by and accept the terms of this Agreement.

Campaign Secrets may alter the terms of this Agreement from time to time with prior notice to you. No alteration of this Agreement by you will be binding upon Campaign Secrets except as expressly agreed in writing signed by an authorized agent of Campaign Secrets.

Please read this Agreement carefully. This Agreement limits Campaign Secrets’s liability and may substantively affect your rights.

1. Use of the Sites

Permitted Use of the Sites - Use of and access to the Sites is limited by the terms of this Agreement. You agree:

Not to use any robot, spider, scraper or other automated means to access the Sites for any purpose without Campaign Secrets’ express written permission.

Not to take any action that imposes, or may impose in Campaign Secrets’ sole discretion, an unreasonable or disproportionately large load on Campaign Secrets’ servers or other infrastructure, or to interfere or attempt to interfere with the proper operation of the Sites or any activities conducted on the Sites.

Not to copy, reproduce, modify, create derivative works from, distribute or publicly display any content from the Sites, including but not limited to “framing” Sites content within another site, except for your own reasonable personal use, without the prior express written permission of Campaign Secrets.

To use the Sites only for lawful purposes, and to comply with all applicable laws and regulations in connection with your use of the Sites.

Use of User Accounts - Access to certain areas of the Sites, and content and services contained therein, requires the creation of a User Account having a unique user name and password. Each User Account may be used by a single campaign, including all paid and volunteer campaign staff. Without limiting the foregoing, you may not share your username and/or password for your User Account with any party outside of your campaign for purposes of allowing such party to access the Sites using your User Account. You are responsible for all activities of persons using your User Account to access the Sites, including but not limited to such person’s compliance with the terms of this Agreement.

Termination of Use - Campaign Secrets may at its sole discretion terminate or limit your use of the Sites for violation of any of the rules contained in this Agreement, or for any conduct, whether by act or omission, which in Campaign Secrets’ sole opinion adversely impacts the operation of the Sites or Campaign Secrets’ interests. Campaign Secrets may so terminate or limit your use of the Sites without prior notice to you. If such termination or limitation is for reasonable cause, Campaign Secrets will not be obligated to refund any fees paid by you.

2. Services

Services Generally - Campaign Secrets may provide services in connection with the Sites. Campaign Secrets will make its best efforts to ensure that such services are available, operate correctly and are free from malicious code (e.g., computer viruses). You agree to release and hold harmless Campaign Secrets for any damages arising out of your use of the Sites, including but not limited to the unavailability, failure or improper operation of services provided in connection with the Sites.

Bulk Email Services - Campaign Secrets, as an Internet Access Service, may provide you with bulk email services which permit you, as Sender, to Initiate bulk email transmissions. You agree to comply with the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003, 15 U.S.C. § 7701 et seq., and to indemnify and hold harmless Campaign Secrets for any damages arising out of your use of bulk email services.

3. Templates

Templates Generally - Campaign Secrets may provide you with certain works of authorship in the form of Templates, including without limitation form letter templates, literature and promotional material templates, website templates, and the like, for you to modify and adapt for your own use in connection with your campaign.

Grant of License - Campaign Secrets hereby grants you a license in all Templates provided to you by Campaign Secrets, subject to the following limitations: (1) the license granted herein is limited to a single candidate as licensee; (2) the Templates and derivative works thereof may not be offered for resale; and (3) the Templates may not be distributed or otherwise made available to any party except for purposes directly related to and as modified for campaign purposes. The foregoing grant of license is the only license granted to you in the Templates, and you acquire no rights to the Templates outside of this license.

Use of Templates by Consultants and Service Providers - The license granted by this Agreement is intended for end users of the Templates. Consultants and service providers wishing to use any Template for multiple clients must obtain a separate license for each such client.

4. Fees for Content and Services

Pay Per Use Content - You may incur access fees for accessing certain content (“Pay Per Use Content”) provided by Campaign Secrets. The fees for Pay Per Use Content will be conspicuously posted, and you will not be allowed to access any Pay Per Use Content without first approving such fees. You agree to pay Campaign Secrets all fees charged by Campaign Secrets for Pay Per Use Content you elect to access.

Subscription Based Content - Certain site content may be accessed through one or more paid subscriptions (“Subscription Based Content”). The scope of Subscription Based Content and associated fees will be provided during the subscription sign-up and purchase process. By purchasing Subscription Based Content, you agree to pay Campaign Secrets all subscription fees on a recurring basis, and authorize Campaign Secrets to process payment of such fees in the same manner as you selected when you initiated such subscription until you cancel such subscriptions in accordance with the terms of such subscription.

Pay Per Use Services - You may incur access fees for utilizing certain services (“Pay Per Use Services”) provided by Campaign Secrets. The fees for Pay Per Use Services will be conspicuously posted, and you will not be allowed to use any Pay Per Use Services without first approving such fees. You agree to pay Campaign Secrets all fees charged by Campaign Secrets for Pay Per Use Services you elect to use.

Subscription Based Services - Certain Services may be accessed through one or more paid subscriptions (“Subscription Based Services”). The scope of Subscription Based Services and associated fees will be provided during the subscription sign-up and purchase process. By purchasing Subscription Based Services, you agree to pay Campaign Secrets all subscription fees on a recurring basis, and authorize Campaign Secrets to process payment of such fees in the same manner as you selected when you initiated such subscription until you cancel such subscriptions in accordance with the terms of such subscription.

5. User Provided Site Content

User Provided Content - Campaign Secrets may publish information provided to it by users of the Sites (“User Provided Content”). Campaign Secrets is not affiliated with any party providing User Provided Content and acts only as a venue for such User Provided Content. Campaign Secrets does not warrant the truth or accuracy of User Provided Content. You agree to release and hold harmless Campaign Secrets for any damages arising out of false or inaccurate User Provided Content.

Alteration and Removal of User Provided Content - Campaign Secrets may alter without prior notice to you any User Provided Content which in its opinion is false, inaccurate or materially misleading on its face or other. Campaign Secrets may remove without prior notice to you any material from any User Provided Content which in its sole opinion is profane or offensive to other users of the Sites.

License to User Provided Content - You hereby grant Campaign Secrets an irrevocable, world-wide, non-exclusive, perpetual license to any information, material or works that you submit to Campaign Secrets for publication on the Sites, including but not limited to information, materials or works that you submit to Campaign Secrets. You are solely liable for the content of any information, material or works that you submit to Campaign Secrets, and agree to indemnify and hold harmless Campaign Secrets for any damages or actions arising out of such information, material or works you submit.

6. Non-User Provided Content

Third Party Content - Campaign Secrets provides content authored by third parties such as articles, interactive educational content (e.g., “classrooms”), seminars, interviews, and audio and audio-visual content (“Third Party Content”). The views expressed in Third Party Content are those of the authors of such content and not necessarily of Campaign Secrets. Campaign Secrets shall not be liable for the truth or accuracy of Third Party Content.

Reliance on Third Party Content - Certain Third Party Content purports to contain strategic, business, political or other advice, “tips” and/or guidance. Campaign Secrets does not endorse any Third Party Content, and shall bear no liability for any damages or other consequences of your reliance on any Third Party Content.

Other Site Content - Campaign Secrets may provide additional content which is not Third Party Content or User Provided Content. Campaign Secrets will make its best efforts to assure the accuracy of such content. You agree to release and hold harmless Campaign Secrets for any damages arising out of your use of or reliance on such content.

7. Offsite Links

The Sites may contain links to world wide web content which is not a part of the Sites. You agree and acknowledge that Campaign Secrets is not responsible for such content.

8. Privacy

Personal Information - Campaign Secrets will collect certain personal information from you in connection with your registration and use of the Sites. This information includes your contact information, including among other information email and postal mail data. Campaign Secrets does not distribute, sell or rent your personal information to third parties.

Aggregate Information - Campaign Secrets may use non-personally identifiable information, including aggregate information, to improve the Sites and users’ experiences with the Sites.

Maintenance of Information - Campaign Secrets will make its best efforts to maintain all user information securely. You agree to release and hold harmless Campaign Secrets for any damages arising out of any failure of such efforts.

9. Campaign Secrets Intellectual Property

The Sites contains intellectual property that is subject to various protections under applicable state and federal law. You agree not to violate any valid intellectual property rights in connection with your use of the Sites.

“Campaign Secrets”, “CampaignSecrets”, “CampaignTips”, “CampaignsiteBuilder”, “CampaignCashCow”, “CampaignConcierge” and the domain names derived therefrom are trademarks of Campaign Secrets. Sites Content and Sites layout are copyright Campaign Secrets. The visual appearance of the Sites is protected trade dress of Campaign Secrets under 15 U.S.C. § 1125 et seq.

10. Rights Of Intellectual Property Owners

Campaign Secrets respects the intellectual property rights of others, and operates the Sites in compliance with the Digital Millennium Copyright Act, 17 U.S.C. § 512 et seq..

Owners of intellectual property rights, including but not limited to rights in the nature of trademark, patent or copyright (“Rights Owners”), who believe your User Provided Content or other content you provide infringe their intellectual property rights may request that Campaign Secrets remove your User Provided Content or other content you provide the Sites. Upon receiving a valid request from such an owner, Campaign Secrets will remove the allegedly infringing User Provided Content or other content you provide and notify you in accordance with 17 U.S.C. § 512.

Upon receiving a notification pursuant to the preceding paragraph, you may counter notify Campaign Secrets.

11.Warranties

CAMPAIGN SECRETS HEREBY WAIVES ALL WARRANTIES EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR AN INTENDED USE, IN CONNECTION WITH THE SITES.

All advice is provided as-is and without any warranty whatsoever. In no event shall Campaign Secrets by liable for any damages caused by your reliance on any advice provided on the Sites.

12. Dispute Resolution

Any dispute arising out of use of the Sites or this Agreement shall be governed by the laws of the State of Georgia without regard to its conflict of laws provisions. You hereby agree to personal jurisdiction in the courts of the State of Georgia and agree not to bring any action against Campaign Secrets in any other jurisdiction. Nothing in this Agreement shall limit the rights of Campaign Secrets to initiate an action against you in any other jurisdiction where such jurisdiction may be properly exercised.