1. Acceptance of Terms

The website, located at www.FunnelMaker.com (the "Site") has been provided by Triagetech LLC,  a Texas Corporation, dba FunnelMaker® (hereinafter "FunnelMaker®") to any person or entity that accesses, browses, or otherwise uses the Site, either manually or via an automated device or program (hereinafter “User” or “Users”).  The Site is subject to User acceptance of the following Terms of Use ("Agreement") which may be updated by FunnelMaker® from time to time. By becoming a User of the Site, User agrees to be bound by all terms of this Agreement. If User has any questions about this Agreement, please contact FunnelMaker® at [email protected] before using this Site. Any client or new subscription where the onboarding fees are waved, refunded or forgiven agrees to a mandatory 1-year non-cancelable subscription agreement.

All subscriptions desiring a HIPAA alignment will incur additional costs required to satisfy this HIPAA alignment. Your monthly subscription costs will increase to cover any and all subscriber's requirements to for your HIPAA alignment demand. HIPAA alignment will cost each subscriber a minimum of $1000 USD per month "above their subscription costs, any marketing support fees and/or click to dial programs" and will automatically extend your subscription term for 12 months from the upgrade requirement initial date. You agree that your request to align FunnelMaker with HIPAA does not have to be a written request and that any payment increases made toward any HIPAA alignment confirms your agreement of such term adjustment. You also agree to hold Triagetech LLC and or FunnelMaker and or any personnel harmless with a reasonable time frame to remedy any issue or concern. FunnelMaker does not offer a full HIPAA compliant environment, we are willing to align with the proper security and encryption requirements aligned for HIPAA.

2. Description of Services

FunnelMaker® is an Internet networking service provider, utilizing web-based software, where people such as business owners, marketing professionals and group members can organize their groups, perform marketing functions, and manage corporate operations. As described above, anyone who takes advantage of the aforementioned software in any way, form, or fashion, shall be considered a User for purposes of this Agreement.

3. Conditions of Use

If a User chooses to register on the Site, such User must provide certain personally identifiable information, including but not limited to, name, address, and email address, (collectively "Registration Information"). Providing false Registration Information on the Site constitutes a material breach of this Agreement, to which FunnelMaker® may immediately terminate User’s access to the Site.  If a User is registered though the use of a proxy, a league manager, or a team captain, that particular representative expressly represents that he, she, or it has the proper authority and permission to register such player or User on the Site.  Any false or misrepresentation of authority is cause for immediate termination of access to the Site.

A FunnelMaker subscription is not transferrable to a third party over a public exchange. FunnelMaker and any subsidiary product subscriptions can only be sold by Triagetech Inc. LLC. A FunnelMaker account is transferable within the original company or under certain acquisition circumstances with permission from FunnelMaker. Any transfer of a FunnelMaker account to a new entity is subject to approval and adjustment to current published pricing structure.

Our services are for sale to all legal US and International businesses. All subscriptions are billed in USD. We do not discriminate based on race, creed, origin, religious background, or political stance or views.

4. No Endorsement of Content or Businesses

FunnelMaker® makes no representations, warranties, or endorsements, express or implied, regarding the quality, accuracy, reliability or condition of any content posted on the Site, regardless of who posted such content or when it was posted or for what purpose it was posted.  FunnelMaker® does not control the quality, safety, truth or accuracy of the content that is posted on the Site and makes no representation thereof. FunnelMaker® shall have no obligation to review the Site's content and User understands this. All content provided by Users of the Site is the sole responsibility of the User, not FunnelMaker®. User understands that by making any use of the Site whatsoever, User may be exposed to content that is inaccurate, misleading, or content that User may otherwise find objectionable. User hereby agrees that User shall evaluate and assume all risks and liability associated with the use of any content, and that under no circumstances will FunnelMaker® or any of its affiliates, be liable for any loss or damage of any kind as a result of the use of any content or service providers posted, emailed or otherwise made available through the Site.

5. Acceptable and Lawful Use of Site

Any Registration Information, computer information, or other information User provides to FunnelMaker® in connection with User’s use of the Site: (a) shall not be false, inaccurate, deceptive, deceitful, or misleading; (b) shall not be obscene or indecent; (c) shall not contain any viruses of any kind, Trojan horses, worms, time bombs, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (d) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (e) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing, invasive of another's privacy, or harm minors in any way; (f) shall not create liability for FunnelMaker® or cause FunnelMaker® to lose (in whole or in part) the software products or FunnelMaker®’s suppliers; and (g) shall not include personal or identifying information about another person who does not wish to be included. User’s shall comply will all applicable laws, statutes, ordinances and regulations regarding use of the Site. FunnelMaker® reserves the right to report any wrongdoing, if FunnelMaker® becomes aware of it, to the applicable government agencies.  If User breaches any provision of this paragraph, FunnelMaker® may not only immediately terminate User’s access to the Site, but User agrees that FunnelMaker® shall bring any and all legal action against User allowed within the law for such tortious conduct. 

6. Acceptable and Lawful Use of Software

Any use, reproduction, redistribution of any products by User, software or otherwise, that are not in accordance with the intended use of the Site, are expressly prohibited by this Agreement, the law, and can result in severe civil and criminal penalties. FunnelMaker® may, at its sole discretion, prosecute violators to the maximum extent of the law.

ANY COPYING, DISTRIBUTION, REPRODUCTION, REDISTRIBUTION, OR FURTHER REDISTRIBUTION OF THE SITE OR ANY SOFTWARE PRODUCTS TO ANY OUTSIDE LOCATION, OTHER SERVER, OUTSIDE PARTY, ENTITY, OR PERSON, IS EXPRESSLY PROHIBITED WITHOUT THE EXPRESS WRITTEN CONSENT OF FunnelMaker®.

FunnelMaker® complies with the EU-US Privacy Shield Framework (https://privacyshield.gov) as set forth by the US Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries.  FunnelMaker® certifies that it adheres to the Privacy Shield Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement and Liability.  If there is any conflict between the policies in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern.  To learn more about the Privacy Shield program, and to view our certification page, please visit www.commerce.gov/privacyshield

All users of FunnelMaker® and the Software agree to uphold the principles set by the EU-US Privacy Shield Framework.  Use of the FunnelMaker® platform certifies that the user agrees to and takes responsibility for protecting any data gathered about citizens of the European Economic Area (EEA) in accordance with the EU-US Privacy Shield Framework.  Users accept liability for protecting and limiting distribution of data gathered to be in compliance with the EU-US Privacy Shield Framework.

7. License Granted

User grants FunnelMaker® a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright and publicity rights User has in the Registration Information provided to FunnelMaker® by User, in any media, whether now known, or hereafter to become known.  FunnelMaker® may only use Registration Information in accordance with its Privacy Policy.  User may find the FunnelMaker® Privacy Policy at https://www.FunnelMaker.com/privacy.html.

8. Relationship

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended to be created or in fact created by this Agreement between User and FunnelMaker®. This Agreement is between the User and FunnelMaker® and is not intended to be for the benefit of any third party. If there is a dispute between participants on this Site, or between User and any third party, User understands and agrees that FunnelMaker® shall not be under any obligation to become involved. In the event that one User has a dispute with one or more other Users or third parties, both Users hereby expressly and unconditionally release FunnelMaker®, FunnelMaker®’s officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or services. User shall also fully indemnify FunnelMaker®, its officers, employers, agents, successors and the like fully for any claims made by a third party, including claims for costs and attorneys fees.   

9. Posting on FunnelMaker®

User represents and warrants that User completely owns or otherwise has full lawful rights and control over all of the rights to the content to which User has posted or will post, or use, and such content is of an accurate nature. FunnelMaker® reserves the right, but not the obligation, to refuse to post or to remove any content or portions thereof, in any media worldwide if it contains or features any content FunnelMaker®, in its sole discretion, deems inappropriate. With respect to content User submits or make available for inclusion on the Site, (“Content"), User grants FunnelMaker® a world-wide, royalty-free, perpetual, irrevocable and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed. This license means that FunnelMaker®, its parent, subsidiary or affiliated companies have the unrestricted, perpetual and exclusive right to use, reproduce, modify, transmit, and distribute any and all materials and communications regarding and including submitted reviews, or portions thereof, in any media worldwide. Data collected, distributed, and used is still protected by our privacy policy, and we will not share your data with third parties without your permission.

10. Security

FunnelMaker® utilizes reasonably secure servers to protect Users Registration Information. Users shall not disclose Registration Information to third parties. Users understand that they are fully responsible for all activities which occur under their Registration Information. User agrees to immediately notify FunnelMaker® in writing of any unauthorized use of User's own account. Anyone deemed a proxy, in charge of another User’s account, a league manager, or a team captain, agrees to refrain from disclosing Registration Information to third parties, unless written consent from FunnelMaker® is obtained prior to such information is disclosed.

11. Privacy Statement; Email

Users have read and understand the terms of our Privacy Statement more fully described at http://www.FunnelMaker.com/privacy.html which is hereby incorporated into this Agreement by reference as (Exhibit “A”). Users acknowledge that the Site may link to other sites on the World Wide Web which may not controlled by FunnelMaker® and that the collection of a FunnelMaker®'s data by these other sites may be outside the scope of FunnelMaker®’s control. FunnelMaker® reserves the right to monitor a User's use of the Site in accordance with our Privacy Statement. Users acknowledge that by becoming a User, they consent to receipt of certain email messages from FunnelMaker® in connection with the use of the Site and software, including without limitation newsletters, notifications by league managers, captains and other players and reminders of events, event schedules and attendance.

12. System Integrity

Users shall not use any device, software, or routine to interfere with the proper working of the Site. Users shall not use any method to intercept or expropriate any system data or information from the Site without the express written consent of FunnelMaker®. Consent shall not take any action that imposes an unreasonable burden upon the infrastructure used to support the efficient operation of the Site including but not limited to unsolicited email or Spam. Users shall not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without the prior expressed written permission of FunnelMaker®. Information on the Site is frequently updated and is proprietary or is licensed to FunnelMaker®. Users shall not copy, reproduce, alter, modify, create derivative works, or publicly display any content from the FunnelMaker® web site without the prior expressed written permission of FunnelMaker® and the appropriate third party.

13. System Outages

FunnelMaker® periodically schedules system downtime for maintenance and other purposes. Unplanned system outages also may occur. FunnelMaker® shall have no liability whatsoever for the resulting unavailability of the Site or for any loss of data or transactions caused by planned or unplanned system outages or the resultant delay, mis-delivery, non-delivery of information caused by such system outages, or any third party acts or any other outages of web host providers or the Internet infrastructure and network external to the Site.

14. No Warranty

FunnelMaker® provides this web site and the software products "as is" and without any warranty or condition, express, implied or statutory. FunnelMaker® specifically disclaims, and User expressly waives, any implied warranties of title, merchantability, and fitness for a particular purpose, accuracy of informational content and non-infringement. User assumes total responsibility and risk for use of this site, use of any service providers obtained from this site, the software products, and hyperlinked web sites.

FunnelMaker® makes no warranty that the site will meet User’s specific requirements or expectations, or that software products or services will be uninterrupted, timely, secure or error free, nor do we make any warranty as to the results that may be obtained from the use of the software products or as to the accuracy or reliability of any information obtained through the site or that any defects will be corrected. No advice or information, whether oral or written, obtained by a user from FunnelMaker® shall create any warranty not expressly made herein. This disclaimer is made to the fullest extent permitted by law.

16. Other Limitations of Liability

FunnelMaker®, its parent company, shareholders, affiliates, suppliers or their respective authorized representatives shall not be liable for any indirect, consequential, incidental, special, punitive or exemplary damages, or for any loss of profits or revenue, including but not limited to loss of sales, profit, revenue, goodwill, or downtime, (however arising in tort, contract, or otherwise) regardless of such party's negligence or whether such party knew or should have known of the possibility of such damages. If any court of competent jurisdiction strikes the above clause down for whatever reason, FunnelMaker®’s liability shall still be limited to the fullest extent permitted by law. Users understand and agree that the download and upload of any material through this site is done at User’s discretion and risk and that User’s will be solely responsible for any loss or damage to User’s computer system or loss of data that may result in the download or upload of any material. FunnelMaker® neither assumes, nor does it authorize any other person to assume on its behalf, any other liability in connection with the provision of the site and software products. The limitations of liability provided in this Agreement inure to the benefit of FunnelMaker®, our parent company, shareholders, affiliates and to all of our respective officers, directors, employees, attorneys and agents and, in each case, liability is limited to the fullest extent permitted by law.

17. Indemnification

User shall indemnify, defend and hold harmless FunnelMaker®, its parent company, shareholders, subsidiaries, affiliates, officers, directors, employees, agents and advisors from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys' fees and costs) resulting from User's use of the Site or software products provided hereunder by FunnelMaker® and Visitor's or User's breach of any provision of this Agreement or any intentional wrongdoing by Visitor or User.

18. Notices

Notices to User and FunnelMaker® shall be by email or sent via certified mail, return receipt requested. Email to FunnelMaker® shall be sent to info@FunnelMaker®.com or, if by certified mail, to FunnelMaker®, such notice shall be sent to: Funnelmaker, 1234 Trail Ridge Drive, Keller, Texas 76248.  Email Notices sent to Users within the USA shall be sent to the email address contained in User's Registration Information.  US Mail to User shall be sent to the address User provides.  If User fails to provide such an address then FunnelMaker® shall not be under an obligation to locate or sent US Mail.   User is responsible for keeping User's Registration Information current. FunnelMaker® shall not be responsible for User's failure to receive notice if User's Registration Information is incomplete, not current, or otherwise inaccurate. Notice sent by email shall be deemed given twelve (12) hours after email message is sent. Users can modify email addresses and other Registration Information previously provided to us by emailing [email protected] or by updating their account information online.

19. Electronic Signatures

Any document or record, including this Agreement, which is transmitted or received by electronic transmission by either party shall be treated in all manner and respects as an original signed document where sufficient indicia of acceptance by the respective party exists. Accessing the Site constitutes acceptance of this Agreement by User.

20. Governing Law and Choice of Forum

This Agreement shall be governed by and construed in accordance with the laws of the State of California, exclusive of its choice of law rules and matters affecting copyrights, trademarks and patents under U.S. federal law. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys' fees. Any suit relating to this Agreement, the Site or the software products shall be brought exclusively in the courts of San Diego, the Parties consent to the jurisdiction thereof.

21. Miscellaneous

In the event that one or more portions of this Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such validity, illegality or unenforceability shall not affect any other provision contained in this Agreement. The headings used throughout this Agreement are solely for the convenience of reference and are not to be used as an aid in the interpretation of this Agreement. The delay or failure of the Parties, at any time or times, to require performance of any provision hereof shall in no manner affect Party’s right at a later time to enforce such provision. No delay or failure of FunnelMaker®’s right in exercising any right hereunder shall constitute a waiver of such right or any other rights hereunder. This Agreement and any documents expressly incorporated by reference, including but not limited to the Privacy Policy, constitute the entire agreement between the Parties, pertaining to the subject matter hereof. User understands and accepts that FunnelMaker®, in its sole discretion, may unilaterally amend or modify this Agreement or any other documents referenced herein at any time by posting notice on the Site. Any amended or modified terms will be effective upon posting. Continued use of or visits to the Site constitutes acceptance of any modified terms and conditions. User shall regularly review the Agreement that is posted at http://www.FunnelMaker.com/terms.html. FunnelMaker® may, at any time, assign its rights or delegate its obligations hereunder without notice to User. No person or entity not an express Party to this Agreement is intended to be a beneficiary of this Agreement, and no person or entity, not expressly made a Party to this Agreement, shall have any right to enforce any terms of this Agreement.

22. Inquiries

The Site is offered by FunnelMaker®. FunnelMaker® is currently located at 249 S. Hwy 101, Suite 525, Solana Beach, CA 92075. Anyone wishing a copy of this Agreement may obtain such by writing a formal written request to FunnelMaker®, accessing the Site, or emailing support@FunnelMaker®.com. Questions concerning the Site, the software products, or any aspect of this Agreement should be directed to FunnelMaker®.

23. No Spam

User shall not send unsolicited bulk email (spam). All Users are required to accept and adhere to FunnelMaker®'s anti-spam policy (attached hereto as (Exhibit “B”) and incorporated by reference).  This policy also applies to using FunnelMaker's network to send SMS text messages.

24. Consent to Receive SMS Messages

By providing your mobile number, you consent to receive SMS messages from FunnelMaker (including text messages), and telephone calls (including prerecorded and artificial voice and autodialed) from us, our agents, representatives, affiliates, or anyone communicating on our behalf at the specific number(s) you have provided to us, with service-related information, questions about your use of the Services, and/or Account and marketing information. You certify, warrant, and represent that the telephone number you have provided to us is your contact number and not someone else’s. You represent that you are permitted to receive calls and text messages at the telephone number you have provided to us. You agree to promptly alert us whenever you stop using a telephone number. Even and our agents, representatives, affiliates, and anyone calling on our behalf may use such means of communication described in this section even if you will incur costs to receive such phone messages, text messages, e-mails, or other means. Standard message and data rates may apply to all SMS messages (including text messages). We may modify or terminate our SMS messaging services from time to time, for any reason, and without notice, including the right to terminate SMS messaging with or without notice, without liability to you.

Additional Terms for Account Owners

If a User signs up for a paid FunnelMaker® subscription or account, that User shall be deemed an “Account Owner” and the following additional terms and conditions shall also apply to such User.  Such Account Owner may have contacts in his or her account that may use the Site to make payments to the Account Owner for events, such as meetings, practices, event fees, sports equipment or other fees or costs relating to the group or team.

1. Monthly Membership Fee for Account Owners

The charge to an Account Owner for the ‘Premium Account Membership’ shall be charged on the Account Owner’s credit card at the end of each 30-day cycle after Account Owner’s initial subscription date. Pricing for accounts is available on the Pricing page of the FunnelMaker.com website. Such charge shall reflect FunnelMaker®'s parent company, Triagetech LLC.

2. Additional Benefits

FunnelMaker® offers additional benefits to the Account Owner (paying subscribers). These benefits include, but are not limited to, more flexible emailing tools, faster contact import functions, and processing of payments for events and seasons. FunnelMaker® offers a store venue ("Store") which allows Account Owners to offer and sell items to the public at large. FunnelMaker® shall in no way be involved in the transaction between buyers and sellers.  Any dispute between the buyer and the seller shall not involve FunnelMaker®.  Account Owners shall therefore indemnify FunnelMaker® fully for any costs, fees, including attorneys fees FunnelMaker® may have to pay in defending itself in defending itself against a buyer or a seller. 

3. Items Sold via the Store

Account Owner waives any guaranty or warranty obtained regarding the quality, safety or legality of items advertised, any complaints regarding the accuracy of content or listings, including disputes or complaints regarding the description of items, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction to the fullest extent allowable under the law.

4. Transfer of Items Sold via the Store

FunnelMaker® does not transfer legal ownership of items from the seller to the buyer. Nothing in this Agreement shall modify the provisions of California Commercial Code Section 2401(2) which provides in pertinent part "Unless otherwise explicitly agreed title passes to the buyer at the time and place at which the seller completes his performance with reference to the physical delivery of the goods, despite any reservation of a security interest and even though a document of title is to be delivered at a different time or place; and in particular and despite any reservation of a security interest by the bill of lading."

5. Transaction Fees

Depending on your subscription with FunnelMaker, you may have transaction fees associated with selling items on your storefront or for event registration.  This will be found on your Account Settings page when you you are logged in to your FunnelMaker account.  If transaction fees apply to the account subscription, Account Owner agrees that FunnelMaker® charges a transaction fee for payments made through the Site by players to Account Owners and payments made through the Store by any buyer. Such transaction fee(s) shall be charged on Account Owners credit card at the end of each month. By signing up for the premium account, Account Owner expressly authorizes FunnelMaker® to automatically process all such fees by credit card at the end of each month. All transaction fees shall be non-refundable. The fee charged by FunnelMaker® shall be in addition to any transactional fees paid to PayPal or Authorize.net. PayPal and Authorize.net are third party vendors which provide on-line payment services.

6. Restriction on Use of the Store

While using the Store, Account Owner shall not:

Violate any laws or third party rights; Use the Store if you are not able to form legally binding contracts or are under the age of 18; Fail to deliver items purchased from Account Owner, unless the buyer fails to meet agreed upon terms; Intentionally, accidentally, or negligently circumvent or manipulate FunnelMaker®'s fee structure, billing process or fees owed to FunnelMaker®; Transfer Account Owner’s account and User Identification to another person or entity without FunnelMaker®'s express written consent; Offer to sell or sell any of the following prohibited items: Adult content and sexually oriented materials including child pornography; Agricultural compounds including fertilizers; Alcoholic beverages including beer, wine, spirit, and liquor; Animals, fish, plants, and wildlife products; Cigarette, cigar, tobacco, or nicotine products;
Copyrighted items and content which breach any copyright or other intellectual property rights; Counterfeit items including, coins, currency, and stamps; Drug paraphernalia and narcotics; Firearms, fireworks, ammunition, pyrotechnics, and explosives; Government-issued identification documents including passport, driver license, police badge and insignia; Human bodies or body parts and bodily fluids; Illegal telecommunication or electronic equipment such as satellite, digital, cable Law enforcement and military items prohibited by federal and state law; Lottery and raffle tickets, sweepstakes, pyramid schemes, manufacturer coupons, multiple level marketing programs, etc.; Mailing lists, personal information, e-mail addresses, or URL's; Meat, livestock and poultry; Medicine, medical devices, and health-related supplements; Weapons such as pepper spray, switchblade knives, ninja stars, or concealed weapons; Products recalled by the U.S. Consumer Product Safety Commission, other government agency, or product manufacturers; Real estate; Slot machines and gambling equipment;
Stocks, bonds, and securities of companies; Non-transferrable travel packages and offers including vouchers, airplane tickets, train tickets, and timeshare properties; and
Any other item that violates any applicable federal, state or local law or regulation or which FunnelMaker® determines, in its sole discretion, is inappropriate for sale through the Store.  If Account Owner does violate this provision, FunnelMaker® shall be able to immediately terminate Account Owner’s account, and recover any and all fees, costs and expenses incurred from such actions, including attorneys fees. 

7. Abuse and Misuse of Store

FunnelMaker® may investigate reports of abuse or misuse and, if appropriate, limit or prohibit Account Owners’s use of the Store. Account Owner expressly agrees that FunnelMaker® may access Account Owner’s account and records at FunnelMaker®’s sole discretion to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized use of the Website. FunnelMaker® reserves the right to terminate Account Owner’s account or Account Owner’s access to the Store immediately, with or without notice to Account Owner, if FunnelMaker® believes Account Owner has violated any of the Terms of Use, furnished FunnelMaker® with false or misleading information, or interfered with use of the Store by others. All determinations are final and are made at FunnelMaker®'s sole discretion. By agreeing to these Terms of Use, Account Owner agrees to participate in investigations and be bound by FunnelMaker®'s determinations. If FunnelMaker®, in its sole discretion, determines that a violation of this Agreement has occurred, or if FunnelMaker® believes that Account Owner’s actions may cause legal liability for Account Owner, FunnelMaker®’s other users or  FunnelMaker® itself, FunnelMaker® may, on its own choosing, take actions or pursue legal remedies that it believes are necessary or prudent, including, but not limited or required to, issuing a warning, filing a complaint, deleting any listings, advertisements or offending material from the Site, suspending or canceling Account Owner’s account, releasing user information, filing a report with the appropriate authorities and/or excluding any person(s) who may have violated any terms of this Agreement.

8. Termination

FunnelMaker® may terminate Account Owner’s account and services at any time upon notice to Account Owner. FunnelMaker® may also, but has no duty, to immediately terminate its services, terminate Account Owner’s access and password and/or remove any content. Upon termination, Account Owner shall remain fully and solely responsible for any applicable transaction fees still due and owing. Termination by Account Owner requires 30 days written advance notice to FunnelMaker®. Account Owner may request a refund for any unused prepayments that were collected by FunnelMaker®. All subscription-related refunds will be pro-rated with the remaining balancing starting 30 days from the receipt of the request to cancel the account. This refund will be processed within 30 days of receipt of the account termination request and will be in the form of a credit to the card FunnelMaker® has on file. Any paid strategy sessions, 5 star onboarding program, design project or VP and marketing support programs are non-refundable. Upon termination, Account Owner shall remain fully and solely responsible for any applicable transaction fees still due and owing.

a. Termination by FunnelMaker®

FunnelMaker® may terminate Account Owner’s account and services at any time upon notice to Account Owner. FunnelMaker® may also, but has no duty, to immediately terminate its services, terminate Account Owner’s access and password and/or remove any content. Upon termination by FunnelMaker, Account Owner shall remain fully and solely responsible for any applicable transaction fees still due and owing.

b. Month to Month Billing

Termination by Account Owner requires 30 days written advance notice to FunnelMaker®. The 30-day cancellation notice period is billable by FunnelMaker®

c. Annual Billing

When an Account Owner chooses to pay for a full year in advance, they commit to a 12-month term of service. Termination by an Account Owner is only possible after the full 12 months have passed. No prepaid charges are refundable for an annual service commitment.

d. Additional Charges

Any paid strategy sessions, 5-star onboarding program, design project or VP and marketing support programs are non-refundable.

9. Limitation of Liability

FunnelMaker® provides the Store "as is" and without any warranty or condition, express, implied or statutory. To the fullest extent legally permitted, FunnelMaker® specifically disclaims any implied warranties of title, merchantability, and fitness for a particular purpose, accuracy of informational content and non-infringement. Account Owners assume total responsibility and risk for use of the Store. FunnelMaker® cannot guarantee continuous or secure access to its services and operation of the Store may be interfered with by factors outside of its control. FunnelMaker® shall not be liable for any loss of money, goodwill or reputation or special, indirect, or consequential damages arising out of Account Owners use of the Store or FunnelMaker®'s services.

Additional Terms for Members of Groups

A User who signs up as a member of a group on the FunnelMaker® Site shall be deemed a “Member”.  Members of groups may have additional benefits provided to them. There are no additional monthly fees charged to group members.

1. Transaction Fees

User, Member and Account Holder agree that PayPal and FunnelMaker® charge fees for payments made through the Site. Such transaction fee(s) are in addition to event and season fees. By providing your billing information through the FunnelMaker® and PayPal payment systems, User, Member and Account Holders expressly authorize PayPal and FunnelMaker® to automatically process all such fees. All transaction fees are non-refundable. PayPal is a third party vendor which provides on-line payment services.

2. Limitation of Liability

FunnelMaker® assumes no risk of liability in connection with these transactions, and any disputes shall be handled directly between the parties and not involve FunnelMaker® whatsoever.

Additional Terms for Sponsors

Individuals, companies, and other entities may choose to sponsor a FunnelMaker® group or company (hereinafter "Sponsors"). Sponsors and their sponsorships are displayed on the group Website, at the discretion of the group organizer. Some accounts provide an online mechanism for a third party to become a Sponsor directly through the group Website.

1. Transaction Fees

Users, Members and Account Holders agree that PayPal, Authorize.net, and FunnelMaker® charge fees for payments made through the Site by Sponsors to Account Owners. Such transaction fee(s) are in addition to sponsorship fees charged by the Account Owner. By providing User, Member, or Account Holder billing information through the FunnelMaker® and PayPal and Authorize.net payment systems, FunnelMaker® is expressly authorized to automatically process all such fees. All transaction fees are non-refundable. PayPal and Authorize.net are third party vendors which provide on-line payment services.

2. Limitation of Liability

FunnelMaker® assumes no risk of liability in connection with the transactions between Sponsors and Account Owners, and any dispute between a Sponsor and an Account Owner shall be handled directly between the Sponsor and Account Owner.

 

Exhibit A

Privacy Policy

1. General

FunnelMaker® is committed to protecting the privacy of any person or entity that uses, or makes use of its services, products, or system (“User” or “Users”). This privacy policy (hereinafter “Policy”) explains when and how personal information is collected, used, disclosed and protected with respect to the FunnelMaker®’s web site located at www.FunnelMaker.com (the "Site"). By using the Site, the User fully understands and consents to the privacy practices described in this Policy, as reasonably modified from time to time by FunnelMaker®. User has carefully reviewed this Policy in order to fully understand the FunnelMaker® data privacy practices.

2. Personal Information

Personal Information shall be defined, but not limited to, as information that is specifically identifiable to a unique individual, information such as a name, address, individual’s telephone number, e-mail address, account number, information about an individual's activities if directly linked to that person (hereinafter “Personal Information”).  Personal Information also includes, but shall not be limited to, demographic information, such as date of birth, one’s gender, geographic area, and personal preferences if such information can identifiable and unique.

3. Personal Information We Collect

FunnelMaker® collects Personal Information from Users in a number of ways, examples of such are: when Users visit the FunnelMaker® Site, FunnelMaker® collects Personal Information when Users: (1) register and set up an account; or (2) contact FunnelMaker® by e-mail for any reason.  When Users visit the FunnelMaker® web site, some information is also automatically collected, such as the Users computer's Internet Protocol (“IP”) address, Users computer's operating system, the browser type, the address of a referring web site, and the time and date of Users visit and purchases. FunnelMaker® treats this information as Personal Information if it is combined with or linked to any of the identifying information mentioned above.  While these may be some examples of how FunnelMaker® can gather and obtain User Personal Information, User shall not consider this to be an exhaustive list. 

4. How We Use Personal Information

FunnelMaker® uses Personal Information to process User requests and provide Users with services, to inform Users about other products, to provide Users with products and/or services FunnelMaker® believes may be of interest to the User. When FunnelMaker® uses User Personal Information in its own marketing efforts, FunnelMaker® provides Users with options and do not disclose the User’s Personal Information to third parties, except as described in this Policy. Personal Information provided online may be linked together or merged with other Personal Information so that FunnelMaker® may better understand User needs and inform Users about FunnelMaker® products or services. FunnelMaker® also uses User Personal Information to send Users informational e-mails, including without limitation to newsletters, notifications by account owners, project managers, forum moderators, league managers, group members, and reminders of event schedules and attendance.

5. Emails

If Users send emails through the FunnelMaker® Site, the User must understand that the email will include email address and any personal message included. Due to the nature of the e-mail being sent from the FunnelMaker® Site, these emails are not private communications and therefore are not confidential. FunnelMaker® has no responsibility to keep such information confidential if User sends emails through the FunnelMaker® Site.  User shall not use the Site or any software provided through the Site to send spam or content that violates this agreement or any other User agreement.

6. Security

FunnelMaker® has put security measures into place in an effort to protect User’s Personal Information while such information is under FunnelMaker® control. All Personal Information relating to Users are stored in a reasonably secure environment, separate from the Site. User’s account information is accessible online only through the use of a confidential password. To protect the confidentiality of Personal Information, User must keep its password confidential and not disclose it to any other person. User is solely responsible for all uses of the Site by any person using User password. User shall advise FunnelMaker® immediately if User believes its password has been misused or improperly obtained.

7. Control of Personal Information

FunnelMaker® gives the User the opportunity to opt-out of receiving communications from FunnelMaker® and to view, correct, or delete User’s own Personal Information. FunnelMaker® does not sell, rent, or share Personal Information with third parties without User’s prior consent, except in the limited circumstances, such circumstances described in this Policy. FunnelMaker® may share Personal Information with third-party vendors who assist FunnelMaker® in performing functions necessary to operate FunnelMaker®’s own business. These functions may include, but are not limited to, website hosting, credit card transaction processing, and data entry. FunnelMaker® limits User Personal Information shared with FunnelMaker® third-party vendors to that which FunnelMaker® believes is necessary to carry out those functions. In addition, FunnelMaker® may disclose Personal Information in the good faith belief that FunnelMaker® are lawfully authorized to do so, or that doing so is reasonably necessary to comply with legal process or authorities, respond to any claims, or to protect the rights, property or personal safety of FunnelMaker®, its users, its employees or the public. Information about FunnelMaker® Users, including Personal Information, may be disclosed or transferred as part of, or during negotiations of, any merger, sale of company assets or acquisition.

8. Cookies, IP Addresses and URLs

Automatically Collected Information: FunnelMaker® automatically receives certain types of Personal Information whenever a User interacts with FunnelMaker®. For example, when a User visits the Site, FunnelMaker® automatically collects the User IP address and the type of browser the User uses. Information may be automatically collected through the use of a term called "cookies." FunnelMaker® also collects various types of information called ‘clickstream information’, which is information about Users browsing behavior, such as IP address information, entry and exit points for the Site, search terms, web site addresses User visits, page views, and impressions. Cookies are also collected.  Cookies are small text files placed on Users hard drive by a web site when Users visit a particular website. These files identify a User’s computer and record a User’s preferences and other data about a User’s visit so that when the User returns to the site, the site knows who the User is, and can personalize the User visit. Most browsers automatically accept cookies as the default setting. Users can modify the setting to reject cookies or to prompt Users before accepting a cookie from the sites User visit by editing browser options. FunnelMaker® may place or recognize a unique cookie on Users browser to enable Users to receive customized content or services. Any cookies made available to shopping carts or other tracking information sent to third parties will reflect only de-identified demographic or other data linked to data Users have voluntarily submitted to FunnelMaker®, will be encrypted, and will not be used to identify Users individually. If Users decide not to accept FunnelMaker® cookies, Users will still be able to access those parts of the FunnelMaker® site available to the general public, but Users may not be able to login or use the site's features or services, and Users may have a less satisfactory experience.

9. Links to Other Web Sites

The FunnelMaker® Site may contain links to other web sites. Any Personal Information User provides on the linked pages is provided directly to that third party and is subject to that third party's privacy policy. Except as described above, FunnelMaker® is not responsible for the content or privacy and security practices and policies of web sites to which FunnelMaker® links. Links from FunnelMaker®’s Site to third parties or to other sites are provided for User convenience. FunnelMaker® encourages Users to learn about their privacy and security practices and policies before providing them with Personal Information.

10. Policy Changes

FunnelMaker® reserves the right to change or alter this Policy at any time. FunnelMaker® may use User Personal Information for new, unanticipated uses not previously disclosed in this Policy. If FunnelMaker®’s privacy practices change, FunnelMaker® will post the policy changes to our web site and notify Users by indicating the date the privacy policy was last updated. FunnelMaker® encourages Users to check back at the FunnelMaker® Site periodically if the User is concerned about how the Users Personal Information is used.

24. GPO, Co-op and Business Partner Fees

FunnelMaker provides a very comprehensive, extremely affordable enterprise capable CRM solution, and as such should any client "subscriber" entity require FunnelMaker to join any type of organization, such as a GPO, CO-OP or become a business partner, etc., to do business, any fees whatsoever upfront or ongoing, the client "subscriber" hereby agrees that all fees charged in such manner will be automatically passed to or charged to the client "subscriber" entity in full in the same exact amounts and manner in which they're charged to FunnelMaker. Each situation will be handled individually, however should any monthly fees be required of FunnelMaker from such entities FunnelMaker will require those amounts to be paid in full to FunnelMaker prior to their due date with said entities.