GDPR Privacy Policy Notice

INTRODUCTION

Thank you for choosing to be part of our community at Content First Marketing. We are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about our policy, or our practices with regards to your personal information, please contact us.

When you visit our website and use our services, you trust us with your personal information. We take your privacy very seriously. In this privacy notice, we describe our privacy policy. We seek to explain to you in the clearest way possible what information we collect, how we use it and what rights you have in relation to it. We hope you take some time to read through it carefully, as it is important. If there are any terms in this privacy policy that you do not agree with, please discontinue use of our site and our services.

This privacy policy applies to all information collected through our website contentfirst.marketing

Please read this privacy policy carefully as it will help you make informed decisions about sharing your personal information with us.

  1. WHAT INFORMATION DO WE COLLECT?
  2. HOW DO WE USE YOUR INFORMATION?
  3. WILL YOUR INFORMATION BE SHARED WITH ANYONE?
  4. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?
  5. DO WE USE GOOGLE MAPS?
  6. IS YOUR INFORMATION TRANSFERRED INTERNATIONALLY?
  7. WHAT IS OUR STANCE ON THIRD-PARTY WEBSITES?
  8. HOW LONG DO WE KEEP YOUR INFORMATION?
  9. HOW DO WE KEEP YOUR INFORMATION SAFE?
  10. DO WE COLLECT INFORMATION FROM MINORS?
  11. WHAT ARE YOUR PRIVACY RIGHTS?
  12. PURCHASE TERMS AND CONDITIONS?
  13. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?
  14. DO WE MAKE UPDATES TO THIS POLICY?
  15. HOW CAN YOU CONTACT US ABOUT THIS POLICY?

WHAT INFORMATION DO WE COLLECT?

Personal information you disclose to us

In Short: We collect personal information that you provide to us such as name, address, contact information, passwords and security data, payment information, and social media login data.

We collect personal information that you voluntarily provide to us when registering at the Sites or Apps, expressing an interest in obtaining information about us or our products and services, when participating in activities on the Sites (such as posting messages in our online forums or entering competitions, contests or giveaways) or otherwise contacting us.

The personal information that we collect depends on the context of your interactions with us and the Sites, the choices you make and the products and features you use. The personal information we COLLECT can include the following:

Name and Contact Data. We collect your first and last name, email address, postal address, phone number, and other similar contact data.

Credentials. We collect passwords, password hints, and similar security information used for authentication and account access.

Payment Data. We collect data necessary to process your payment if you make purchases, such as your payment instrument number (such as a credit card number), and the security code associated with your payment instrument. All payment data is stored by our payment processor and you should review its privacy policies and contact the payment processor directly to respond to your questions.

All personal information that you provide to us must be true, complete and accurate, and you must notify us of any changes to such personal information.

Information automatically collected

In Short: Some information – such as IP address and/or browser and device characteristics – is collected automatically when you visit our websites.

We automatically collect certain information when you visit, use or navigate the Sites. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Site and other technical information.  This information is primarily needed to maintain the security and operation of our Sites, and for our internal analytics and reporting purposes.

Like many businesses, we also collect information through cookies and similar technologies.

Information collected through our Apps

In Short: We may collect information regarding your geo-location, mobile device, push notifications, and Facebook permissions when you use our apps.

If you use our Apps, we may also collect the following information:

  • Geo-Location Information. We may request access or permission to and track location-based information from your mobile device, either continuously or while you are using our mobile application, to provide location-based services. If you wish to change our access or permissions, you may do so in your device’s settings.
  • Mobile Device Access. We may request access or permission to certain features from your mobile device, including your mobile device’s [Bluetooth, calendar, camera, contacts, microphone, reminders, sensors, SMS messages, social media accounts, storage,] and other features. If you wish to change our access or permissions, you may do so in your device’s settings.
  • Mobile Device Data. We may automatically collect device information (such as your mobile device ID, model and manufacturer), operating system, version information and IP address.
  • Push Notifications. We may request to send you push notifications regarding your account or the mobile application. If you wish to opt-out from receiving these types of communications, you may turn them off in your device’s settings.
  • Facebook Permissions. We by default access your Facebook basic account information, including your name, email, gender, birthday, current city, and profile picture URL, as well as other information that you choose to make public. We may also request access to other permissions related to your account, such as friends, checkins, and likes, and you may choose to grant or deny us access to each individual permission. For more information regarding Facebook permissions, refer to the Facebook Permissions Reference page.

Information collected from other Sources

In Short: We may collect limited data from public databases, marketing partners, social media platforms, and other outside sources.

We may obtain information about you from other sources, such as public databases, joint marketing partners, social media platforms (such as Facebook), as well as from other third parties. Examples of the information we receive from other sources include: social media profile information (your name, gender, birthday, email, current city, state and country, user identification numbers for your contacts, profile picture URL and any other information that you choose to make public); marketing leads and search results and links, including paid listings (such as sponsored links).

HOW DO WE USE YOUR INFORMATION?

In Short: We process your information for purposes based on legitimate business interests, the fulfillment of our contract with you, compliance with our legal obligations, and/or your consent.

We use personal information collected via our Sites for a variety of business purposes described below. We process your personal information for these purposes in reliance on our legitimate business interests , in order to enter into or perform a contract with you , with your consent , and/or for compliance with our legal obligations . We indicate the specific processing grounds we rely on next to each purpose listed below.

We use the information we collect or receive:

  • To facilitate account creation and logon process with your Consent. If you choose to link your account with us to a third party account *(such as your Google or Facebook account), we use the information you allowed us to collect from those third parties to facilitate account creation and logon process. See the section below headed “Social Logins” for further information.
  • To send you marketing and promotional communications for Business Purposes and/or with your Consent. We and/or our third party marketing partners may use the personal information you send to us for our marketing purposes, if this is in accordance with your marketing preferences.  You can opt-out of our marketing emails at any time (see the “Your Privacy Rights” below).
  • To send administrative information to you for Business Purposes, Legal Reasons and/or possibly Contractual. We may use your personal information to send you product, service and new feature information and/or information about changes to our terms, conditions, and policies.
  • Fulfill and manage your orders for Contractual reasons. We may use your information to fulfill and manage your orders, payments, returns, and exchanges made through the Sites.
  • To post testimonials with your Consent. We post testimonials on our Sites that may contain personal information. Prior to posting a testimonial, we will obtain your consent to use your name and testimonial. If you wish to update, or delete your testimonial, please contact us  and be sure to include your name, testimonial location, and contact information.
  • Deliver targeted advertising to you [for our Business Purposes and/or with your Consent]. We may use your information to develop and display content and advertising (and work with third parties who do so) tailored to your interests and/or location and to measure its effectiveness.
  • Administer prize draws and competitions [for our Business Purposes and/or with your Consent]. We may use your information to administer prize draws and competitions when you elect to participate in competitions.
  • Request Feedback [for our Business Purposes and/or with your Consent]. We may use your information to request feedback and to contact you about your use of our Sites.
  • To protect our Sites [for Business Purposes and/or Legal Reasons].  We may use your information as part of our efforts to keep our Sites safe and secure (for example, for fraud monitoring and prevention).
  • To enable user-to-user communications [with your consent]. We may use your information in order to enable user-to-user communications with each user’s consent.
  • To enforce our terms, conditions and policies [for Business Purposes, Legal Reasons and/or possibly Contractual].
  • To respond to legal requests and prevent harm [for Legal Reasons]. If we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond.
  • For other Business Purposes. We may use your information for other Business Purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Sites, products, services, marketing and your experience.

WILL YOUR INFORMATION BE SHARED WITH ANYONE?

In Short: We only share information with your consent, to comply with laws, to protect your rights, or to fulfill business obligations.

We only share and disclose your information in the following situations:

  • Compliance with Laws. We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).
  • Vital Interests and Legal Rights. We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.
  • Vendors, Consultants and Other Third-Party Service Providers. We may share your data with third party vendors, service providers, contractors or agents who perform services for us or on our behalf and require access to such information to do that work. Examples include: payment processing, data analysis, email delivery, hosting services, customer service and marketing efforts. We may allow selected third parties to use tracking technology on the Sites, which will enable them to collect data about how you interact with the Sites over time.  This information may be used to, among other things, analyze and track data, determine the popularity of certain content and better understand online activity. Unless described in this Policy, we do not share, sell, rent or trade any of your information with third parties for their promotional purposes.
  • Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
  • Third-Party Advertisers. We may use third-party advertising companies to serve ads when you visit the Sites. These companies may use information about your visits to our Website and other websites that are contained in web cookies and other tracking technologies in order to provide advertisements about goods and services of interest to you.
  • Affiliates. We may share your information with our affiliates, in which case we will require those affiliates to honor this privacy policy. Affiliates include our parent company and any subsidiaries, joint venture partners or other companies that we control or that are under common control with us.
  • Business Partners. We may share your information with our business partners to offer you certain products, services or promotions.
  • With your Consent. We may disclose your personal information for any other purpose with your consent.
  • Other Users. When you share personal information (for example, by posting comments, contributions or other content to the Sites) or otherwise interact with public areas of the Site or App, such personal information may be viewed by all users and may be publicly distributed outside the Site and our App in perpetuity. If you interact with other users of our Sites and register through a social network (such as Facebook), your contacts on the social network will see your name, profile photo, and descriptions of your activity.  Similarly, other users will be able to view descriptions of your activity, communicate with you within our Sites, and view your profile.

DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?

In Short: We may use cookies and other tracking technologies to collect and store your information.

We may use cookies and similar tracking technologies (like web beacons and pixels) to access or store information.

DO WE USE GOOGLE MAPS?

In Short: Yes, we use Google Maps for the purpose of providing better service.

This website, mobile application, or Facebook application uses Google Maps APIs. You may find the Google Maps APIs Terms of Service here. To better understand Google’s Privacy Policy, please refer to this link.

By using our Maps API Implementation, you agree to be bound by Google’s Terms of Service.

For a full list of what we use information for, please see the previous sections titled “Use of Your Information” and “Disclosure of Your Information.” You agree to allow us to obtain or cache your location. You may revoke your consent at anytime. We use information about location in conjunction with data from other data providers.

The Maps APIs that we use store and access cookies and other information on your devices. If you are a user currently in the European Union, please take a look at our EU User Consent Policy.

IS YOUR INFORMATION TRANSFERRED INTERNATIONALLY?

In Short: We may transfer, store, and process your information in countries other than your own.

Our servers are located in Amazon Web Services servers in the United States. If you are accessing our Sites from outside the United States, please be aware that your information may be transferred to, stored, and processed by us in our facilities and by those third parties with whom we may share your personal information.

If you are a resident in the European Economic Area, then these countries may not have data protection or other laws as comprehensive as those in your country. We will however take all necessary measures to protect your personal information in accordance with this privacy policy and applicable law.

WHAT IS OUR STANCE ON THIRD-PARTY WEBSITES?

In Short: We are not responsible for the safety of any information that you share with third-party providers who advertise, but are not affiliated with, our websites.

The Sites may contain advertisements from third parties that are not affiliated with us and which may link to other websites, online services or mobile applications. We cannot guarantee the safety and privacy of data you provide to any third parties. Any data collected by third parties is not covered by this privacy policy. We are not responsible for the content or privacy and security practices and policies of any third parties, including other websites, services or applications that may be linked to or from the Sites. You should review the policies of such third parties and contact them directly to respond to your questions.

HOW LONG DO WE KEEP YOUR INFORMATION?

In Short: We keep your information for as long as necessary to fulfill the purposes outlined in this privacy policy unless otherwise required by law.

We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy policy, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements). No purpose in this policy will require us keeping your personal information for longer than 2 years past the termination of your account.

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

HOW DO WE KEEP YOUR INFORMATION SAFE?

In Short: We aim to protect your personal information through a system of organizational and technical security measures.

We have implemented appropriate technical and organizational security measures designed to protect the security of any personal information we process. However, please also remember that we cannot guarantee that the internet itself is 100% secure. Although we will do our best to protect your personal information, transmission of personal information to and from our Sites is at your own risk. You should only access the services within a secure environment.

DO WE COLLECT INFORMATION FROM MINORS?

In Short: We do not knowingly collect data from or market to children under 18 years of age.

We do not knowingly solicit data from or market to children under 18 years of age.  By using the Sites, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the Site and App.  If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records.  If you become aware of any data we have collected from children under age 18, please contact us.

WHAT ARE YOUR PRIVACY RIGHTS?

In Short: In some regions, such as the European Economic Area, you have rights that allow you greater access to and control over your personal information. You may review, change, or terminate your account at any time.

In some regions (like the European Economic Area), you have certain rights under applicable data protection laws.  These may include the right (i) to request access and obtain a copy of your personal information, (ii) to request rectification or erasure; (iii) to restrict the processing of your personal information; and (iv) if applicable, to data portability. In certain circumstances, you may also have the right to object to the processing of your personal information. To make such a request, please use the contact details provided below. We will consider and act upon any request in accordance with applicable data protection laws.

If we are relying on your consent to process your personal information, you have the right to withdraw your consent at any time. Please note however that this will not affect the lawfulness of the processing before its withdrawal.

If you are resident in the European Economic Area and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm

Account Information

You may at any time review or change the information in your account or terminate your account by:

Logging into your account settings and updating your account

Contacting us using the contact information provided below

Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, some information may be retained in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use and/or comply with legal requirements.

Cookies and similar technologies: Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Sites. To opt-out of interest-based advertising by advertisers on our Site visit www.aboutads.info/choices/.

Opting out of email marketing: You can unsubscribe from our marketing email list at any time by clicking on the unsubscribe link in the emails that we send or by contacting us using the details provided below. You will then be removed from the marketing email list – however, we will still need to send you service-related emails that are necessary for the administration and use of your account. You can also opt-out by:

  • Noting your preferences at the time you register your account with the Sites.
  • Logging into your account settings and updating your preferences.
  • Contacting us using the contact information provided below

PURCHASE TERMS AND CONDITIONS ?

MASTER SERVICES AGREEMENT

Recitals

Whereas, Consultant is in the business of providing certain information, management and marketing services including, but not limited to, content and copy writing, training, strategic planning, web site and graphic design, development, business advice and programming services; and

Whereas, Client desires to obtain such services from Consultant;

Now, therefore, in consideration of the mutual covenants contained herein, Client and Consultant agree as follows:

Section 1
SCOPE OF SERVICES

1.1       Services. Consultant agrees to provide to Client the consulting services described in one or more service work orders (the “Services“) as may be executed from time-to-time by the parties the form of which is attached hereto as Exhibit A (each, a “Statement of Work“). To the extent of a conflict between the terms of this Agreement and the terms of a Statement of Work, the provisions of this Agreement shall control unless the applicable Statement of Work expressly states that it supersedes this Agreement.

1.2       Revisions. Any revisions to the scope of the Services, whether occurring by reason of an increase or decrease in Consultant’s cost projection for performing the Services, the time required for performing the Services, or for any other reason, shall be made only by an amendment to the appropriate Statement of Work executed by an authorized representative of both parties.

1.3       Conduct of Services. Consultant warrants that the Services to be provided to Client will be performed in a good and workmanlike manner, will be of a quality conforming to industry standards and established service level agreements (“SLA’s”) as defined in each Statement of Work and will be performed by employees who are qualified to perform the Services. Consultant further warrants that in the course of performing the Services here under, neither the Services nor any Work Product (as defined below) will violate or infringe any proprietary rights of a third party, including, without limitation, any patent, trademark, copyright or confidential relationship. If any Services or any Work Product violates or infringes any proprietary rights of a third party, including, without limitation, any patent, trademark, copyright or confidential relationship, (in addition to any other rights or remedies that Client may have in this Agreement or otherwise) Consultant will have sixty (60) days to provide to Client an acceptable solution that allows Client to continue utilizing the Services, Work Product or an alternative acceptable to Client. As used herein, “Work Product” will mean all products, documents, code, technology, ideas, inventions, improvements, discoveries, designs, charts, drawings, working papers, programs, manuals, and data delivered to Client in connection with this Agreement or any part thereof, whether created by Consultant or a third party before or after the Effective Date.

1.4       Responsibilities. In connection with the provision of Services, Consultant and Client shall each perform the tasks and assume the responsibilities specified in the Statements of Work. Client understands that Consultant’s performance is dependent on Client’s timely and effective performance of Client’s responsibilities under such Statements of Work and timely decisions and approvals by Client. Consultant shall be excused from performance under any Statement of Work to the extent that Consultant is delayed in performance as a result of any action or inaction on the part of Client. When specified in the Statement of Work, Client will supply on-site Consultant personnel with necessary office space, desks, storage and any other normal office equipment support, including computer resources, telephone service, copier and general office supplies as reasonable and necessary in connection with Consultant’s performance of the Services and as specified on the Statement of Work.

Section 2
TERM AND TERMINATION

2.1       Term. Unless earlier terminated in accordance with the terms of this Agreement, the term of this Agreement is one (1) year from the Effective Date and shall renew automatically for successive one (1)-year renewal terms unless either party delivers to the other party written notice of its intention not to renew this Agreement at least sixty (60) days prior to the last day of the initial term or any subsequent renewal term, as the case may be. This Agreement shall remain in effect, notwithstanding the expiration date hereof, to the extent that work is being performed under a Statement of Work.

2.2       Termination.

(a)       Either party may terminate this Agreement or any Statement of Work, in whole or in part, if the other party breaches, in any material respect, any of its duties or obligations under this Agreement or any Statement of Work and fails to cure such breach no less than thirty (30) days after written notice. If a party terminates this Agreement or any Statement of Work in part, the charges payable under this Agreement or any Statement of Work will be equitably adjusted to reflect those Services that are not terminated.

(b)       Consultant may terminate Service(s), Statements of Work, and /or this Agreement if valid invoices become 60 days or greater in arrears.

2.3       Remaining Payments. Within sixty (60) days after termination of this Agreement for any reason, Consultant shall submit to Client an itemized invoice for any fees or expenses theretofore accrued under this Agreement.

Section 3
FEES AND PAYMENT

3.1       Fees. In consideration of the Services to be performed by Consultant, Client shall pay Consultant the compensation in the amount and manner set forth in the Statement(s) of Work (the “Fees”). In all cases payment terms are specified in the Statement(s) of Work. If Client is in arrears with respect to its payment obligations here under, Consultant may hold final delivery of Work Product until payments are current.

3.2       Invoice and Payment. Consultant will invoice Client for Fees in accordance with the invoice milestones and schedule specified in the Statement(s) of Work. If Client rejects the Services or Work Product, Consultant will re-perform the Services or correct or repair the Work Product within fifteen (15) days. Client’s acceptance will not be unreasonably withheld.

If Client is in arrears over 30 days on a valid invoice(s), Consultant may add a three (3) percent late fee to all outstanding balances, each month until resolved; provided that nothing herein shall be construed as to allow Consultant to charge in excess of the maximum amount allowed by applicable law on past due amounts.

Section 4
INDEPENDENT CONTRACTOR

4.1       Independent Contractor Basis. In connection with this Agreement, each party is an independent contractor and as such will not have any authority to bind or commit the other. Nothing herein shall be deemed or construed to create a joint venture, partnership or agency relationship between the parties for any purpose.

4.2       Employment Taxes. In the event Consultant acts as the employer of any person or persons assigned to perform Services here under, Consultant will: (i) maintain all necessary personnel and payroll records for its employees assigned to Client, (ii) compute their wages and withhold applicable Federal, State, and local taxes and Federal Social Security taxes, (iii) remit employee withholding’s to the proper governmental authorities and make employer contributions for Federal FICA and Federal and State unemployment insurance payments, (iv) pay net wages and fringe benefits, if any, directly to its employees, (v) provide for liability, fidelity, and Workers’ Compensation insurance coverage in the amounts as hereinafter set forth, and (vi) at the request of Client for any reason, remove any of its employees assigned to Client; provided, that this arrangement shall in no way effect the right of the Consultant, in its sole discretion as employer, to hire, assign, reassign, and/or terminate its own employees.

4.3       Subcontractors. In the event Consultant decides to provide an independent contractor to provide Services here under, Consultant agrees to indemnify, defend and hold harmless Client from any claim, suit, cause of action, demand, loss, damage, cost or expense (including legal fees) which may arise in any manner from a finding of any governmental authority that the independent contractor is an employee or joint employee of Consultant and/or Client. Client will notify Contractor within a reasonable time of any investigation that may be instituted by a governmental authority concerning the status of any independent contractor placed by Consultant.

Section 5
CONFIDENTIALITY

5.1       Restrictions. During the term of this Agreement, each party may be given access to information that relates to the other’s past, present, and future research, development, business activities, products, client and vendor data, Services, and technical knowledge, and other similar information that is considered confidential and proprietary (“Confidential Information”). In connection therewith, the following subsections shall apply:

(a)       Any Confidential Information received by a party may be used only for the purposes intended by this Agreement. Each party agrees to protect the confidentiality of the other party’s Confidential Information in the same manner that it protects the confidentiality of its own proprietary and confidential information of like kind but in no case with less than a reasonable degree of care.

(b)       All Confidential Information made available here under, including copies thereof, shall be returned to the proprietor or destroyed upon the later to occur of (i) the need for access has been fulfilled, or (ii) completion or termination of the Services.

(c)        Nothing in this Agreement shall prohibit or limit either party’s use of information (including, but not limited to ideas, concepts, know-how, techniques, and methodologies), that are either (i) previously known to it without obligation of confidence, (ii) acquired by it from a third party which is not, to its knowledge, under an obligation of confidence with respect to such information, or (iii) which is or becomes publicly available through no breach of this Agreement.

(d)       As part of the performance under this Agreement, either party will promptly notify the other of the happening of any of the following events: (i) any unauthorized disclosure or use of any Confidential Information; (ii) any request by anyone to examine, inspect or copy any Confidential Information; or (iii) any attempt to serve, or the actual service, of a court of administrative order, subpoena or summons that requires the production of any Confidential Information. The party receiving such request, subpoena, order or summons will surrender any Confidential Information to any appropriate third party subject to the final order of a court having jurisdiction over the issue.

(e)       The terms and conditions of this Agreement, together with the results of the Services, shall be Confidential Information.

(f)        Each party recognizes that the non-defaulting party may not have an adequate remedy at law in the event of a breach of the terms of this Section, and that the non-defaulting party may suffer irreparable damages and injury in such event. Therefore, the parties agree that the non-defaulting party may be entitled to seek temporary and permanent injunctive relief against the defaulting party in the event of such breach. Such injunctive relief shall in no way limit any other remedies the non-defaulting party may have against the defaulting party for any breach of the terms of this Agreement.

Section 6
RIGHTS IN WORK PRODUCT

6.1       Ownership of Work Product. All new Work Product created solely for Client by Consultant in connection with this Agreement, shall be owned by Client and will be deemed “work made for hire” as that term is defined in Title 17 of the United States Code.

6.2       Pre-existing Materials. Consultant may include in the Work Product pre-existing documents, designs, systems, work or materials (“Pre-existing Works”). To the extent that Pre-existing Works are included in the Work Product, Client may use the pre-existing works to the extent provided in the Statement of Work. All associated intellectual property rights within the pre-existing works will remain with the Consultant.

6.3.     Transfer and Use of Work Product. Work Product ownership will transfer to Client after signing a project close document and payment of outstanding invoices to Consultant. If payment is withdrawn after transfer, Consultant may repossess the Work Product and retain ownership until payment is complete.

Section 7
INDEMNIFICATION

7.1       Indemnification of Consultant. Client agrees to indemnify, defend and hold harmless, Consultant and its officers, partners, directors, agents, and employees from and against any and all claims, losses, damages, causes of action, suits, and liability of every kind, including all reasonable expenses of litigation, court costs and attorney’s fees based on any third party claim that any documents or specifications provided by Client to Consultant infringe any copyright, patent or other intellectual property right of a third party. Client expressly disclaims all other representations, covenants, liabilities and warranties (express or implied) related to the documents or specifications or Consultant’s implementation of such documents or specifications. As further defined, Client holds Consultant harmless from penalties resulting from implementation failure resulting from use of documentation given by Client.

7.2       Indemnification of Client. Consultant agrees to indemnify, defend and hold harmless, Client and its officers, partners, directors, agents, and employees from and against any and all claims, losses, damages, causes of action, suits, and liability of every kind, including all expenses of litigation, court costs and attorneys’ fees (a) related to bodily injury or death of any person or damages to real and/or tangible property incurred by any third party resulting from the negligence or willful misconduct of Consultant or its agents, or (b) based on a claim that any Work Product, Pre-existing Works or Services (or access or use of any of the forgoing) provided by Consultant or its agents under this Agreement infringes any copyright, patent or other intellectual property right of a third party.

If the Work Product or Pre-existing Work furnished hereunder is in any action held to constitute an infringement and its use is enjoined, Consultant shall immediately and at its expense procure for Client the right to continue use, sale, and marketing the Work Product or Pre-existing Work; or replace or modify the Work Product or Pre-existing Work with a version of the Work Product or Pre-existing Work that is functionally equivalent and non-infringing. If Consultant is not able to procure for Client the right to continue to use, replace or modify the Work Product or Pre-existing Work, Consultant will refund to Client all amounts paid to Consultant by Client under this Agreement.

7.3       Indemnification Obligations. The party being indemnified (“Indemnified Party“) agrees to promptly notify the party with the indemnity obligation (“Indemnifying Party“) in writing of a claim or suit and provide reasonable cooperation (at the Indemnifying Party’s expense for out-of-pocket expenses) and the full authority to defend or settle the claim or suit. The foregoing indemnities shall extend to the Indemnified Party notwithstanding the sole or concurrent negligence of every kind or character whatsoever, whether active or passive, whether an affirmative act or an omission, including without limitation, all types of negligent conduct identified in the Restatement (Second) of Torts of one or more of the Indemnified Parties or by reason of strict liability imposed without fault on any one or more of the Indemnified Parties.

Section 8
PERSONNEL

8.1       Removal of Consultant Personnel. If, in its reasonable opinion, Client determines that the general conduct of Consultant personnel or subcontractors is inconsistent with any terms of this Agreement or the normal business practices of Client, or for any other lawful reason, Client shall have the right to remove Consultant personnel or subcontractors that are performing the Services under the Agreement upon twenty-four (24) hours’ notice to Consultant.

8.2       On-Site Services. If Services are provided by Consultant on Client’s property, Consultant warrants that none of the individuals placed at Client’s property have been convicted of a felony as an adult within the seven (7) years prior to their assignment at Client. Consultant agrees that Client will not be responsible for loss of or damage to any personal property located on Client premises belonging to Consultant.

8.3       Non-Solicitation. Each party agrees that without prior written approval of the other party, neither party will attempt to Recruit an employee of the other party during either (i) the performance of Services defined in Statements of Work for which the employee of either party is associated, or (ii) for a period of six (6) months after completion of Services described in the Statement of Work. For purposes of this Agreement, “Recruit” means a personal contact (either directly or through a third party) initiated for the purposes of convincing such person to leave employment of one party and joint the other party as an employee, consultant or business partner. Recruit does not mean the initiation of a general job posting, any communication independently initiated by the employee of the other party, or a party receiving a candidate who is, without the recruiting party’s involvement, presented to the recruiting party by an independent recruiting firm.

Section 9
LIMITATION OF LIABILITY

9.1       Limitation of Liability.        Except for: (i) claims of copyright infringement, patent infringement or violation of any other intellectual property rights of the other party, or (ii) any breach of Section 4.3 or 5:

(a)  The limit of each party’s liability (whether in contract, tort, negligence, strict liability in tort or by statute or otherwise) to the other concerning performance or non-performance of this Agreement, or in any matter related to this Agreement, shall be the amount of Fees and Expenses paid or payable by Client to Consultant under this Agreement, and

(b)    In no event will either party be liable to the other party for consequential, incidental, special or punitive damages, loss or expenses (including lost profits or savings) even if it has been

advised of the possibility of such damages, losses or expenses.

The allocations of liability in this Section 9 represent the agreed and bargained-for understanding of the parties and Consultant’s compensation for the Services reflects such allocations.

Section 10

Warranties

10.1     Consultant Warranties. In addition to the warranties in Section 1.3, Consultant represents and warrants that:
(a)       Consultant has the full and exclusive right and power to enter into and perform according to the terms of this Agreement;

(b)       The Work Product will, meet the specifications or requirements listed in the Statement of Work, will be complete and accurate, and will comply with all applicable laws and regulations;

(c)        The Work Product will be created by employees of Consultant within the scope of their employment and underwritten obligation to assign all right, title and interest in the Work Product, including, without limitation, the rights enumerated and assigned to Client as set forth in this Agreement, or with Client’s prior written consent, by independent contractors of Consultant under written obligations to assign all right, title and interest in the Work Product to Consultant;

(d)       The Work Product will either be originally created by Consultant, or Consultant will obtain all necessary rights to the Work Product to transfer ownership to Client as required by this Agreement;

(e)       Consultant’s employees shall, while on Client property or conducting any Client related business, comply with all Client policies and applicable local, state and federal laws, including specifically all laws prohibiting harassment of any kind in the workplace. Consultant assumes all responsibility for providing to its employees any training that may be required to ensure compliance with such laws.

(f)        THE WARRANTIES SET FORTH IN THIS SECTION 10 AND IN SECTION 1.3 ABOVE ARE IN LIEU OF, AND THIS AGREEMENT EXPRESSLY EXCLUDES, ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Section 11

MISCELLANEOUS

11.1     Taxes. For services rendered as Marketing Services, there shall be added to all invoices any applicable taxes payable by Client under this Agreement, including without limitation state and local privilege, excise, sales, and use taxes, but excluding taxes based upon the net income of Consultant and any state, federal or local taxes relating to employees and independent contractors of Consultant. Consultant will be responsible for any taxes not invoiced to Client at the time the Services are performed.

11.2     Force Majeure. Consultant shall not be liable to Client for any failure or delay caused by events over which Consultant has no influence or control.

11.3     Dispute Resolution and Governing Law. The parties shall first attempt in good faith to resolve any dispute arising out of or relating to this Agreement by negotiation. If the parties are unable to resolve the dispute by negotiation, either party shall have the right to submit the dispute to binding arbitration (“Arbitration”). Such Arbitration shall be conducted in Dallas, Texas under the rules of the American Arbitration Association’s Commercial Arbitration Rules. The arbitrator will be selected by agreement of the parties. If the parties cannot agree on an arbitrator, an arbitrator will be designated by the American Arbitration Association. The arbitrator shall have the authority to award compensatory damages only. The award rendered by the arbitrator shall be final, binding and non-appealable, and judgment upon such award may be entered by any court of competent jurisdiction. Other than those matters involving injunctive relief as a remedy, including during a pending Arbitration, or any action necessary to enforce the award of the arbitrators, the provisions of this paragraph shall be a complete defense to any suit, action or other proceeding instituted in any court with respect to any dispute, controversy or claim arising out of or related to this Agreement, or the creation, validity, interpretation, breach or termination of this Agreement. Each party shall be responsible for its own expenses, including legal fees, incurred in the course of the Arbitration. The fees of the arbitrator shall be divided evenly between the parties. The provisions of this paragraph will not prevent either party from seeking (i) equitable relief regarding the other party’s breach of its confidentiality provisions of the Agreement or (ii) specific performance of the other party’s material breach of its obligations under this Agreement. Both parties agree that, the existence of a dispute notwithstanding, they will continue without delay to carry out all their responsibilities under this Agreement that are not affected by the dispute. This Agreement shall be governed and construed in all respects in accordance with the laws of the State of Texas as they apply to a contract entered into and performed in that State.

11.4     Notices. All notices required or permitted here under shall be in writing addressed to the respective parties as set forth herein, unless another address shall have been designated, and shall be delivered by hand or by registered or certified mail, postage prepaid. All written notices shall be sent to the parties at the following addresses:

If to Client:

Use the contact information when payment was made

If to Consultant:

Clear Again, LLC

Attn: John Arnott

4500 Walnut Hill Lane

Dallas, Texas 75229

11.5     Insurance.

(a)       Consultant warrants that it shall maintain sufficient insurance coverage to enable it to meet its obligations created by this Agreement and by law. Without limiting the foregoing, Consultant warrants that such insurance shall include the following lines of coverage (with minimum limits of $1,000,000 USD per occurrence) to the extent this Agreement creates exposures generally covered by these insurance policies: Commercial General Liability (Occurrence Form), Automobile Liability, Workers’ Compensation (statutory limits), and Employer’s Liability.

11.6     Assignment. This Agreement shall not be assigned by either party without the other party’s prior written approval; provided that either party may assign this Agreement in connection with a sale of all or substantially all of its business. Except as otherwise provided, this Agreement shall be binding upon and inure to the benefit of the parties’ successors and lawful assigns.

11.7     Marketing. Consultant is permitted to market and advertise Work Product and work Services completed as a result of Client Statements of Work.

11.8     Survival. Sections 4, 5, 6, 7, 8, 9 and 11 will survive the termination or expiration of this Agreement for any reason.

11.9     Entire Agreement. This Agreement constitutes the entire agreement of the parties hereto and supersedes all prior and contemporaneous representations, proposals, discussions, agreements and communications, whether oral or in writing relating to the subject matter of this Agreement. This Agreement may be modified only in writing and shall be enforceable in accordance with its terms when signed by the party sought to be bound.

EXHIBIT A

STATEMENT OF WORK – The details are in one of the order forms depending on the purchased product

http://ContentFirst.Marketing/go

http://ContentFirst.Marketing/standard

http://ContentFirst.Marketing/solo

TERMS: __________ per month paid in advance via credit card or bank draft

TERM: This is a month-to-month contract. Either party may terminate this statement of work with a 30 day written notice.

DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?

In Short: Yes, if you are a resident of California, you are granted specific rights regarding access to your personal information.

California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.

If you are under 18 years of age, reside in California, and have a registered account with the Sites, you have the right to request removal of unwanted data that you publicly post on the Sites. To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California.  We will make sure the data is not publicly displayed on the Sites, but please be aware that the data may not be completely or comprehensively removed from our systems.

DO WE MAKE UPDATES TO THIS POLICY?

In Short: Yes, we will update this policy as necessary to stay compliant with relevant laws.

We may update this privacy policy from time to time. The updated version will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy policy, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy policy frequently to be informed of how we are protecting your information.

HOW CAN YOU CONTACT US ABOUT THIS POLICY?

If you have questions or comments about this policy, contact us or by post to:

Content First Marketing is a Part of Clear Again Media, LLC

Clear Again Media, LLC
Address : 4500 Walnut Hill Lane Dallas, Texas 75229

If you are a resident in the European Economic Area, the “data controller” of your personal information is Content First Marketing. Content First Marketing, has appointed an EEA Representative to be its representative in the EEA. You can contact them directly regarding the processing of your information by contact us or by post to: 4201 Spring Valley Rd., 4500 Walnut Hill Lane Dallas, Texas 75229

If you have any further questions or comments about us or our policies, contact us or by post to:

Content First Marketing is a Part of Clear Again Media, LLC

Clear Again Media, LLC
Address : 4500 Walnut Hill Lane Dallas, Texas 75229

Phone: 800-550-5701

Contact us