Terms & Conditions

Website and Software as a Service Terms of Service

Updated and Effective as of September 2022

Welcome to the SyndicationPro website, operated by SyndicationPro, LLC. This Terms and Conditions of Use Agreement (the “Agreement” or “Terms of Service”) describes the terms and conditions applicable to your use of the https://syndicationpro.com website (the “Site”) and the SyndicationPro software as a service offering (the “Software”) (collectively, the “Services”).In this Agreement, we refer to SyndicationPro, LLC as “SyndicationPro” or “us” or “we;” we refer to you as “you” or “Customer.” SyndicationPro and Customer are referred to in this Agreement individual as a “Party” and collectively as the “Parties.”By accessing or using the Services, including access to the Site, you intend to and expressly agree to be bound by all the terms and conditions of this Agreement and the Privacy Policy (available at https://syndicationpro.com/privacy-policy), which is incorporated by reference. If you do not agree to these terms and conditions, you may not use the Services.

Access and Use

1. Provision of Access: SyndicationPro grants you a limited license to access the Site subject to the terms and conditions set forth in this Agreement. If you choose to subscribe to any Software, SyndicationPro grants you a license to access such services subject to and conditioned upon your payment of the applicable fees and your compliance with all other terms and conditions of this Agreement, the Privacy Policy, and any other rules and requirements communicated to you by SyndicationPro. You acknowledge and agree that SyndicationPro may modify, update, and otherwise change the Services at any time and in its sole discretion.
2. Authorized Users: You agree to only provide access to the Software to the number of users authorized by your subscription level (each an “Authorized User”). Authorized Users must be at least eighteen (18) years or older to access or use the Services. The customer is solely responsible for Authorized User activities and interaction with the Software. Customer shall ensure all Authorized Users are aware of any and all restrictions of use in this Agreement, the Privacy Policy, and any other rules or requirements. Customer shall cause Authorized Users to comply with such provisions. Customer is further solely responsible for all actions taken by and interactions with Authorized Users, including providing any and all required disclosures governing an Authorized User’s interaction with the Services, and any applicable Privacy Policy or further obligations required by SyndicationPro or any applicable law. Any obligation imposed on Customer by the terms of this Agreement shall be equally applicable to any Authorized Users.
3. Use Restrictions. Customer shall not use the Services for any purposes beyond the scope of the access granted in this Agreement. Customer shall not at any time, directly or indirectly, and shall not permit any third party to (i) copy, modify, or create derivative works of the Services, in whole or in part; (ii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Services, in whole or in part; or (iii) use the Services in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other rights of any person, or that otherwise violates any law, regulation, or other legal requirements.
4. Reservation of Rights: Except for the limited license to access the Services identified in Section 1(a), Customer acknowledges that nothing contained in this Agreement shall be construed as granting or conferring, by implication, estoppel or otherwise, any right, title, or interest to any intellectual property, including any (i) inventions (whether patentable or not in any country), patents, patent applications, invention disclosures, improvements, trade secrets, proprietary information, know-how, information, or technical data; (ii) copyright-protected works, copyright registrations, mask works, mask work registrations or applications in the United States or any foreign country; (iii) trademarks, trademark registrations, service marks, logos or applications therefore in the United States or any foreign country; (iv) trade secrets; or (v) any other tangible or intangible proprietary rights anywhere in the world.
5. Accessibility: Customer acknowledges and agrees that at times the Services may be inaccessible or inoperable for any reason whatsoever, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which SyndicationPro may undertake from time to time without notice to you; or (iii) causes which are beyond the control of SyndicationPro or which are not reasonably foreseeable. SyndicationPro further reserves the right to refuse any requests to access account information in the event of a user’s death or legal incapacitation, absent an express legal obligation to provide such information or access.
6. Suspension: Notwithstanding anything to the contrary in this Agreement, SyndicationPro may temporarily suspend access to the Services by Customer, any Authorized Users, and any other third-party for security purposes, to prevent illegal or fraudulent activity, to comply with the requests of any legal agency or government entity, or if Customer or its Authorized Users violate the Agreement or the Privacy Policy.
7. Third-Party Service Providers. The provider may from time to time and in its sole discretion engage other services providers to assist in the performance of the Services, such as web-hosting providers, payment processors, and other third-parties. Customer shall abide by the terms of use and other requirements associated with the services provided by such third parties in connection with the Services.

Customer Responsibilities

1. Liability: Customer acknowledges that Customer is solely responsible and liable for all use of the Services, including by Customer or any Authorized User, directly or indirectly, whether such access or use is permitted by or in violation of this Agreement. Without limiting the generality of the foregoing, Customer is responsible for all acts and omissions of Authorized Users, and any act or omission by an Authorized User that would constitute a breach of this Agreement if taken by Customer, will be deemed a breach of this Agreement by Customer. Customer is further solely responsible for compliance with all applicable laws relating to Customer’s or any Authorized User’s use of the Services.
2. Equipment: Customer shall be responsible for providing, maintaining, and ensuring that Customer and its Authorized Users, if any, are able to access and use the Services, including compatible hardware, software, internet access, security software, backup devices or services, and any other requirements. SyndicationPro shall have no responsibility to provide any additional software or hardware. Customer, on behalf of itself and any of its Authorized Users, agrees that SyndicationPro shall have no responsibility for any data loss or other damage or loss suffered in connection with Customer’s use of the Services, including any failure to provide adequate security or backup devices or services.
3. Correct Information. Customer is responsible for ensuring SyndicationPro has accurate and current information for Customer’s account, including current contact and payment information. The customer is further responsible for regularly reviewing the associated e-mail account for any communications from SyndicationPro.
4. Account Security. If Customer is provided with a user name, password, credentials file, or any other piece of information as part of any security procedure (“Credentials”), Customer must treat such information as confidential, and must not disclose Credentials to any other person or entity. Customer acknowledges that its account and Credentials are personal to Customer and further agrees not to provide any other person with access to the Services or portions of it using Customer’s user name, password, or other security information. Customer shall notify SyndicationPro immediately of any unauthorized access to or use of Customer’s Credentials or any other breach of security. SyndicationPro has the right to disable any user name, password, credentials file, or other identifiers at any time, whether chosen by Customer or provided by SyndicationPro.
5. Compliance with Laws. Customer and all Authorized Users shall use the Services only for lawful purposes and shall conduct its business, and any offering of securities that uses the Services, in accordance with all applicable laws and regulations, including but not limited to all applicable Federal and State laws and regulations governing the offer and sale of securities, money laundering, and counter-terrorism.

Support

SyndicationPro shall make commercially reasonable efforts to provide adequate support services for the Services. Notwithstanding the foregoing, this Agreement does not entitle Customer to any guaranteed level, availability, or turnaround time of support services for the Services.

Payment and Fees

1. Fees: Customer agrees to pay all applicable fees including, without exclusion, the monthly subscription fees, user fees, offering fees, and fees for removal of SyndicationPro branding as set forth in the fee schedule available at https://go.syndicationpro.com/pricing and any other fees, charges, or costs that you agree to purchase as part of the Services (“Fees”). Customer agrees to pay for all charges and usage fees incurred prior to termination or cancellation of the Agreement. Refunds will not be issued unless required by law. This payment obligation shall survive the termination or cancellation of this Agreement for any reason whatsoever.
2. Payment and Automatic Payment: The customer’s payment information will be processed and stored through a third-party payment processor. All paid account holders must maintain at least one valid payment method for the payment of Fees, which are described in more detail at available at https://go.syndicationpro.com/pricing. All Fees are calculated and billed to the Customer on a monthly or annual basis depending upon your choice and are due immediately upon receipt. Fees shall be charged or debited from the saved payment information each on the monthly or yearly anniversary of the initial purchase date, or the last day of the month in the case the anniversary date does not exist. (e.g., if the initial purchase was made on January 31, the February monthly payment would be processed on February 28).
3. Cancellation: You may cancel your subscription and automatic payment by clicking the “Cancel Account” button from your account screen or by e-mailing us at success@syndicationpro.com. Cancellation does not entitle you to the refund of any previously paid fees. You will not receive a prorated refund for the remainder of the subscription term. It is Customer’s obligation to communicate cancellation or termination of the Services to any and all Authorized Users.
4. Changes to Fees. The customer acknowledges that SyndicationPro may change the Fees at any time. In the event of such a change, SyndicationPro will provide notice to the Customer via the email address associated with the Customer’s account at least thirty (30) days in advance of the effective date of the change. Customer’s continued use of the Services indicates its acceptance of any changes to the Fees. The customer is solely responsible for all applicable taxes and will be charged for taxes when required by law.

Verified Customer Record/Customer Record Language

In order to use the payment functionality of our application, you must open a “Dwolla Platform” account provided by Dwolla, Inc. and you must accept the Dwolla Terms of Service and Privacy Policy. Any funds held in the Dwolla account are held by Dwolla’s financial institution partners as set out in the Dwolla Terms of Service. You authorize us to collect and share with Dwolla your personal information including full name, [date of birth, social security number, physical address,] email address and financial information, and you are responsible for the accuracy and completeness of that data. You understand that you will access and manage your Dwolla account through our application, and Dwolla account notifications will be sent by us, not Dwolla. We will provide customer support for your Dwolla account activity, and can be reached at success@syndicationpro.com.

Receive Only Language

You expressly authorize SyndicationPro’s service provider, Dwolla, Inc. to originate credit transfers to your financial institution account. You authorize us to collect and share with Dwolla your personal information including full name, email address and financial information, and you are responsible for the accuracy and completeness of that data. Dwolla’s Privacy Policy is available at https://www.dwolla.com/legal/privacy/.

Data

1. Information Collection: SyndicationPro may collect information regarding the usage of the Services by Customer. Customer consents to SyndicationPro’s collection and use of such information and sharing with third-party service providers for purposes of providing the Services and for improving the services. All information collected by SyndicationPro is treated according to the Privacy Policy. Notwithstanding the foregoing, SyndicationPro will not use any of the Customer’s proprietary data, such as leads or other customer information, for the financial benefit of SyndicationPro or any third-party. More information on our information collection practices can be found in our Privacy Policy available at https://syndicationpro.com/privacy-policy.
2. Confidential or Proprietary Information or Content: SyndicationPro agrees use commercially reasonable measures to maintain the confidentiality of all confidential or proprietary data provided by Customer and its Authorized Users, including but not limited to investor data, customer information, potential customer information, and leads gathered by Customer.
3. Ownership: As between SyndicationPro and Customer, Customer shall retain any preexisting ownership rights to the data and information uploaded, entered, or otherwise provided by Customer through the Services.

Intellectual Property

1. Trademarks: Certain trademarks, service marks, and logos, including without exclusion the SYNDICATIONPRO trademark and associated logo (the “Trademarks”) used and displayed in connection with the Services are owned by SyndicationPro. The Services may also contain or refer to third-party trademarks, trade names, product names, and logos that may be registered trademarks of their respective owners. Under no circumstances may Customer use or copy any of the Trademarks. Nothing herein should be construed as granting any license or right to use any Trademarks displayed in connection with the Services without SyndicationPro’s express written permission.
2. Copyrighted Works. All content provided in association with the Services and this Agreement, including, but not limited to, computer software, images/video, electronic art, graphics, sounds/audio, data, communications programs, and user interfaces, executable code, computer code, and data formatted, organized, and collected in a variety of forms, including layouts, pages, screens, and databases and any and all other copyright-protected work associated with the Services (“Copyrighted Works”) are exclusively owned by SyndicationPro and are protected by the U.S. and international copyright laws. Customer agrees it will not directly or indirectly copy, reproduce, modify, create derivative works from, distribute, or publicly display the Copyrighted Works without the prior express written permission of SyndicationPro.
3. Feedback: If Customer or any of its employees or Authorized Users sends or transmits any communications or materials to SyndicationPro by mail, email, telephone, or otherwise, suggesting or recommending changes to the Services, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like (“Feedback”), SyndicationPro is free to use such Feedback irrespective of any other obligation or limitation between the Parties governing such Feedback. SyndicationPro is free to use, without any attribution or compensation to any party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although SyndicationPro is not required to use any Feedback.
4. User Content: The Services may allow you to upload text, graphics, images, and other material (collectively “User Content”) and permits the hosting, sharing, or publishing of such User Content. SyndicationPro reserves the right to impose restrictions on the User Content you upload, including, but not limited to, the amount of User Content that can be uploaded and the length or expiry period for the User Content. You shall be solely responsible for the User Content you submit and the consequences of SyndicationPro’s posting, display, distribution, or publishing of such User Content. In connection with any User Content you submit, you affirm, represent, and warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize SyndicationPro to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by this Agreement; and (ii) you have the written consent, release, or permission to use the name, image, or likeness of each individual identified in the User Content. IN CONNECTION WITH USER CONTENT, YOU FURTHER AGREE THAT YOU WILL NOT SUBMIT MATERIAL THAT IS COPYRIGHTED, PROTECTED BY TRADE SECRET, OR OTHERWISE SUBJECT TO THIRD-PARTY PROPRIETARY RIGHTS, INCLUDING PRIVACY AND PUBLICITY RIGHTS, UNLESS YOU ARE THE OWNER OF SUCH RIGHTS OR HAVE PERMISSION FROM THEIR RIGHTFUL OWNER TO POST THE MATERIAL AND TO GRANT SYNDICATIONPRO THE NECESSARILY RIGHTS GRANTED IN THIS SECTION. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS SYNDICATIONPRO FOR ANY AND ALL DAMAGE OR LIABILITY SYNDICATIONPRO INCURS AS A RESULT OF YOUR VIOLATION OF THIS SECTION.
5. DMCA Copyright Notice: SyndicationPro respects the intellectual property rights of others and it is SyndicationPro’s policy to expeditiously process and review and notices of claimed infringement of copyright or other applicable intellectual property laws. Any notices of claimed infringement should be sent to SyndicationPro’s Designated Agent at success@syndicationpro.com, and must contain all of the following: (i) a signature (physical or electronic) of the copyright owner or a person authorized to act on behalf of the copyright owner; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of the material that you claim is infringing and is to be removed or have access to same disabled, and information sufficient to permit SyndicationPro’s administrators to locate the material; (iv) information sufficient for us to contact you, such as address, telephone number and e-mail address; (v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed. If you believe any content or materials posted or uploaded by you were improperly removed or disabled, you may submit a Counter-Notification to SyndicationPro’s Designated Agent at success@syndicationpro.com with all of the following: (i) your signature (physical or electronic); (ii) a description of the work at issue; (iii) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and (iv) your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, and that you will accept service of process from the person who provided notification of the alleged infringement.

Disclaimer of Warranties

SyndicationPro tries to keep the Services accessible, error-free, and safe, but cannot guarantee that the Services will be secure or that access to or use of the Services will be uninterrupted or free of errors or omissions. SyndicationPro does not warrant that the Services will operate error-free, or that the Services and SyndicationPro’s servers are free of computer viruses or other harmful components. SyndicationPro uses reasonable care and skill in providing the Services, but beyond that, the Services are provided without any warranties of any kind. Customer is responsible for implementing sufficient procedures and checkpoints to satisfy Customer’s particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Services for any reconstruction of any lost data.SYNDICATIONPRO AND ITS AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, AND AFFILIATES PROVIDE THE SERVICES “AS IS WITH ALL FAULTS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, AND SYNDICATIONPRO HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES WHETHER EXPRESS OR IMPLIED AND EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, AND NON-INFRINGEMENT. SYNDICATIONPRO DOES NOT WARRANT AGAINST INTERFERENCE WITH CUSTOMER’S ENJOYMENT OF THE SERVICES, THE AVAILABILITY OF CONTENT, THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS, THAT THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN THE SERVICES WILL BE CORRECTED, OR THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL FUNCTION WITH OTHER SOFTWARE OR HARDWARE, OR WITHIN A SYSTEM. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SYNDICATIONPRO OR A SYNDICATIONPRO -AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION MAY NOT APPLY.

Limitation of Liability

1. IN NO EVENT WILL SYNDICATIONPRO, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH CUSTOMER’S USE, OR INABILITY TO USE, THE SERVICES OR ANY CONTENT ASSOCIATED WITH THE SERVICES, OR SUCH OTHER SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF BUSINESS OPPORTUNITY, BUSINESS INTERRUPTION, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THESE EXCLUSIONS OR LIMITATIONS WILL APPLY REGARDLESS OF WHETHER OR NOT SYNDICATIONPRO HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES.THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. TO THE EXTENT LIABILITY CANNOT BE EXCLUDED OR LIMITED AS SET FORTH ABOVE, IN NO EVENT SHALL SYNDICATIONPRO BE LIABLE FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, OR UNDER ANY OTHER THEORY OF LIABILITY, IN EXCESS OF THE AMOUNT ACTUALLY PAID BY CUSTOMER TO SYNDICATIONPRO UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS PRECEDING ANY SUCH CLAIM.
2. Links: The Services may provide links to other websites maintained by third parties. You acknowledge and agree that such links are provided for your convenience only and do not reflect any endorsement, affiliation, relationship, or sponsorship by SyndicationPro with respect to the provider of such linked site or the quality, reliability, or any other characteristic or feature of such linked site. You further acknowledge and agree that SyndicationPro is not responsible in any manner (including without limitation with respect to any loss or injury you may suffer) for any matter associated with the linked site, including without limitation, the content provided on or through any such linked site or your reliance thereon. In addition, you should be aware that your use of any third-party site is subject to the terms and conditions applicable to that site, including the privacy policies (or lack thereof) of such site. If a third party links to the Services, it is not necessarily an indication of an endorsement, affiliation, relationship, or sponsorship by or with SyndicationPro. SyndicationPro may not even be aware that a third party has linked to the Services.
3. Third-Party Content: Any other content not owned by SyndicationPro is owned by its respective owner. You acknowledge and agree that such content is provided by its owner and does not reflect any endorsement, affiliation, relationship, or sponsorship by SyndicationPro with respect to the provider of such content. You further acknowledge and agree that SyndicationPro is not responsible in any manner (including without limitation with respect to any loss or injury you may suffer) for any content provided by third parties including, without limitation, your reliance thereon. SYNDICATIONPRO MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY THIRD-PARTY CONTENT.

Indemnification

Customer agrees to indemnify, hold harmless and defend SyndicationPro, its agents, officers, directors, employees, successors, assigns, and affiliates, from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorneys’ fees, asserted by any person, arising out of or relating to (i) Customer’s or any Authorized User’s use of the Services, including but not limited to anyone using Customer’s account or Credentials; (ii) breach of this Agreement by Customer or anyone using Customer’s account or Credentials; (iii) any information used, stored, or transmitted in connection with Customer’s account or Credentials; (iv) breach of the rights of any third party, including but not limited to privacy, publicity, intellectual property, or other proprietary rights by Customer or anyone using Customer’s account or Credentials; or (v) violation of any law, regulation, or other legal requirements.

Termination; Cancellation

1. Term: This Agreement shall continue in full force until terminated or canceled pursuant to the provisions below.
2. Termination by SyndicationPro: SyndicationPro shall have the right to terminate this Agreement (i) for any reason whatsoever by providing thirty (30) days’ notice to Customer; and (ii) immediately for any material breach, other than non-payment of Fees; or (iii) upon fifteen (15) days’ notice to the e-mail account associated with Customer’s account for non-payment of Fees. Notwithstanding the foregoing, SyndicationPro reserves the right, in its sole discretion and without notice, at any time and for any reason, to remove, modify, suspend, or disable access to all or any portion of the Services.
3. Termination by Customer: Customer may terminate the Agreement for any reason whatsoever by providing thirty (30) days’ notice to SyndicationPro by e-mail at success@syndicationpro.com. The customer shall be responsible for all Fees incurred prior to and during the thirty-day notice period.
4. Survival: All provisions of this Agreement and any Master Sales Agreement relating indemnification, disclaimers, limitations, intellectual property, and payment obligations for Fees incurred prior to and during any notice period shall survive termination of this Agreement and/or such Master Sales Agreement for any reason whatsoever.

Mass Email Policy

By agreeing to these Terms, you promise to follow these rules:

1. You won’t send spam!
2. You won’t use purchased, rented, or third-party lists of email addresses.
3. You’ll comply with our Acceptable Use Policy, which forms part of these Terms of Service.

Governing Law; Mandatory Binding Arbitration

This Agreement shall be governed by Ohio law except for its conflicts of laws principles. Customer agrees to resolve any disputes or claims arising out of or related to this Agreement or the Services through final and binding arbitration by a single arbitrator. This includes disputes arising out of or relating to interpretation or application of this “Mandatory Arbitration Provision” section, including its enforceability, revocability, or validity. Notwithstanding the foregoing, either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or violation of any intellectual property. Any proceeding to resolve claims arising under or relating to this Agreement shall be brought in the federal or state courts in Marion County, in the State of Indiana and each Party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding. This provision shall not apply to consumers in countries that require agreements to be governed by the local laws of the consumer’s country.

Miscellaneous

1. Right to Monitor: Customer acknowledges that SyndicationPro has the right to monitor the use of the Services to ensure compliance with the Agreement.
2. Waiver: No waiver of any term, provision, or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision, or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.
3. Severability: If any provision of this Agreement is determined to be illegal or unenforceable, then such provision will be enforced to the maximum extent possible and the other provisions will remain fully effective and enforceable.
4. Entire Agreement: This Agreement, any Master Sales Agreement between Customer and SyndicationPro, the Terms of Use, and the Privacy Policy, constitute the complete and exclusive agreement between Customer and SyndicationPro, and supersedes any and all prior or contemporaneous communications, representations, statements, and understandings, whether oral or written, between Customer and SyndicationPro.
5. Conflict: In case of any conflict between the language of this Agreement on the one hand and the language of the Privacy Policy or any Master Sales Agreement between Customer and Syndication Pro, on the other hand, the language of the Master Sales Agreement between Customer and Syndication Pro shall prevail.
6. Changes: SyndicationPro may, at its sole discretion, modify or replace the terms of this Agreement or the Privacy Policy by posting the updated terms. Unless otherwise indicated by SyndicationPro, any changes will become effective on a prospective basis from the date of posting. It is the Customer’s responsibility to check the Terms of Service and Privacy Policy periodically for changes. Customer’s continued use of the Services following the posting of any changes to this Agreement or Privacy Policy constitutes acceptance of those changes.
   

SP CORPORATION PRIVACY POLICY

Updated and Effective as of August 2022

SyndicationPro, LLC (“SP”) is committed to the privacy of your information. This Privacy Policy is meant to help you understand the information we collect, why we collect it, and how you can manage it. This Policy applies to our website available at https://syndicationpro.com/, including any related or connected websites (the “Site”) and any related products, services, or communications (the “Products and Services”). By using our Site, or by purchasing our Products and Services, you are acknowledging that you have read, understood, and accept this Privacy Policy and our Terms and Conditions of Use (available at https://syndicationpro.com/terms-conditions/).In this Privacy Policy, any use of the words “you,” “yours,” or similar expressions refers to users of this Site and our Services, as well as any other individuals whose information we collect and process. References to “we,” “us,” “our” or similar expressions refer to SP.This Policy does not extend to anyone whose personal information is not under our control or management, including data that is collected by other websites that you may visit before or after this Site, and which are not governed by this Privacy Policy. We are not responsible for the data protection or privacy policies of any other websites, and accept no responsibility or liability for those policies. Please carefully check the policies of other websites and services you use before you visit or submit personal information.

Information We Collect

1. Information We Collect and Receive: In order for you to use our Site and Services, we need to collect and process certain types of information. Depending on your use of our Site and Services, this may include:

• Information you provide to us by completing forms on our Site: For example, your name, contact, and address information, and any other information you may provide in the forms on our Site;
• Information you provide to us by contacting us: Any personal information you may provide to us when you email or call us, such as name, phone number, employer, and any other details you provide in your communications. SP may also request your contact information for the purposes of having someone contact you for additional information, or in response to your request for information from us;
• Transaction information when you purchase Products or Services from us: For example, if you make purchases with your credit card, we may use your credit card information for shipping, billing, and credit card validation purposes;
• Information to support delivery of our Products and Services: For example, we may require your address to deliver Products and other materials you request to you;
• Login information, such as username and password, that you may use in connection with our Services;
• Information about your activity through our Products and Services, including your device information, such as your IP address, the type of device or browser you use, and your actions on the Site.
• Information stored as part of any software as a service or other Products and Services, such as customer information, investment information, and other data provided as part of your use of the Products and Services.

We will only use personal information to provide you with information, products, or services you have requested, or for other purposes set out in this Policy. Personal information does not include aggregate information from which individual identities have been removed.

2. Information from Children: SP does not knowingly solicit or collect any personal information from anyone under 13 years of age, and children under 13 are not permitted to register for or use our Site or Services, including by subscribing to receive information from SP. Parents can contact our customer service department to access, change, or delete the personal information that has been submitted by a child. If we become aware that a child under the age of 13 has provided us with personal information, we will delete it.

3. Cookies and Tracers: We may use cookies and similar technologies (e.g., web beacons, pixels, ad tags and device identifiers) to recognize you and/or your device(s) on, off and across the Site and different Services and devices. A cookie is a small file that is placed onto your device (e.g., computer, smartphone or other electronic device) that stores information when you visit a website. However, you can control cookies through your browser settings and other tools. You can also opt-out from our use of cookies and similar technologies that track your behavior on the sites of others for third party advertising. Neither the Site nor the Services respond to Do Not Track signals.SP uses cookies and related technologies on our Site to help us recognize your device as a repeat visitor, and enable certain website features and functionalities. Some of this data will be aggregated or statistical, which means that we will not be able to identify you individually.Specifically, we use cookies and other similar technologies on the Site to:

• Recognize you whenever you visit this Site (this speeds up your access to the Site as you do not have to log in each time);
• Support security and authentication features on our Site;
• Obtain information about your preferences and use of our Site;
• Carry out research and statistical analysis to help improve our content, products, and services, and to help us better understand our users’ requirements;
• Improve the speed and performance of our Site and Products and Services;
• Make your online experience more enjoyable and efficient; and
• Keep track of the items stored in your shopping basket and take you through the checkout process.

Types of Cookies

The cookies we place on your device fall into one of the following two categories:

• ‍Session cookies: these allow our Site to link your actions during a particular browser session. These expire each time you close your browser and do not remain on your device afterwards.‍
• Persistent cookies: these are stored on your device in between browser sessions. These allow your preferences or actions across our Site to be remembered. These will remain on your device until they expire, or you delete them from your cache.

The cookies that we place on your device may also be:

• ‍Strictly necessary cookies: these cookies are essential for you to be able to navigate our Site and use its features. Without these cookies, the services you have asked for could not be provided.‍
• Performance cookies: these cookies collect information about how you use our Site, for example, which pages you go to most often. These cookies do not collect personally identifiable information about you. All information collected by these cookies is aggregated and anonymous, and is only used to improve how our Site works.‍
• Functionality cookies: these cookies allow our Site to remember the choices you make (such as your user name, language, last action and search preferences) and provide enhanced, more personal features. The information collected by these cookies is anonymous and cannot track your browsing activity on other websites.‍
• Marketing cookies: also known as advertising cookies, these cookies are used to deliver advertisements more relevant to you and your interests. They are also used to limit the number of times you see an advertisement on our Site and help measure the effectiveness of the advertising campaign. This is sometimes referred to as online behavioral advertising. In some cases, our partners may use cookies to provide us with information about your interactions with their services. These cookies remember that you have visited a website, and this information is shared with other organizations such as advertisers. Those third-party cookies would be subject to the third party service’s policies.

You can opt-out of online behavioral advertising cookies and similar technologies by using the Digital Advertising Alliance’s Consumer Choice Tool available here, or if located in the European Union you can make your choices here. Please note you may continue to receive generic ads.

Controlling Cookies

Your browser may give you the ability to control some types of cookies. If you do not want to accept the kinds of cookies you can control, you can change your browser settings so that certain types of cookies are not accepted.

If you turn off any cookies, please be aware that you may lose some of the functionality of this Site. For more information about cookies and how to disable them please check one or more of the following resources: http://www.allaboutcookies.org/https://ico.org.uk/for-the-public/online/cookies/.

Consent to Use Cookies

The first time you visit our Site, a cookie notice is displayed describing our use of cookies, and linking to this Cookie Policy. As described in that notice, if you use this Site after this notification has been displayed to you, we will assume that you consent to our use of cookies for the purposes described in this policy.

How We Use Information

SP may use the personal information we collect for the following purposes:

1. To allow you to log into and access your account;
2. To deliver our Products and Services;
3. To provide customer service and our support services, or respond to any requests you make;
4. To process any financial transactions you make on our Site;
5. To facilitate SP’s development, design, marketing or quality improvement of the Site and for our general business purposes.
6. To keep your information secure such as by monitoring for security irregularities, and to be able to verify your identity and contact information;
7. To alert you about product updates, special offers, updated information and other news and services from SP;
8. To ensure our Site and Services are relevant to you and your interests;
9. To help us create and publish content most relevant to you; and
10. To contact you in response to any communications or requests submitted by you.

How Information May Be Shared

SP will never sell or rent any of your personal information, and we will never share your personal information publicly without your consent. However, from time to time, SP may engage other trusted third party companies and individuals to perform functions such as sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data, providing marketing assistance, providing search results and links (including paid listings and links), and providing customer service. Such companies shall only use your personal information for those purposes required to perform their functions and you consent to SP sharing your personal information with such companies so they can perform their functions. For example, we may store the information described in Section 1.1 above with a third-party data storage service to support delivery of our Products and Services, and to respond to customer service requests. Whenever we share data with third-party services, we require that they use your information only for the purposes we’ve authorized, and that they protect your personal information at least to the same standards we do.

We also reserve the right to disclose personal information when it is reasonably necessary to conduct our business, protect SP’s legal rights and property, and to comply with the law or law enforcement. Otherwise, your personal information is never shared with any individual or other organization.

Protection of your Personal Information

We take the security of your personal information seriously, and follow industry-standard practices to protect the data we collect and process. SP has therefore put in place commercially reasonable physical, electronic, and managerial procedures to safeguard and secure the personal information that SP collects. Access to personal information will be restricted to our authorized personnel who require the information in order to perform their duties properly. In addition, access will be limited to only that information that is strictly necessary for the performance of those duties.

Remember, the safety and security of your information also depends on you. Where you have chosen, or where we have given you a user name and password for access to certain parts of the Site or Services, you are responsible for keeping the user name and password confidential. No method of transmission over the internet or electronic storage is completely secure, so SP cannot guarantee its absolute security.

Data Transfers

Because SP is a US-based company, your information may be collected and processed in the United States. Additionally, as part of the products and services offered to you through our Site, the information which we collect about you may be transferred to, and stored in, one or more countries other than where you currently reside. For example, this may occur if any of our servers or third-party service providers are located in a country other than yours. These countries may have different data protection laws that are similar to your current residence. However, if we transfer your information in this way, we will put in place appropriate protection to make sure your personal data remains adequately protected and is treated in line with this Privacy Policy.

Basis for Processing – European Union Residents

Data protection law in Europe requires a “lawful basis” for collecting and retaining personal information from residents of the European Economic Area. Our lawful bases include:

• Performing the contract we have with you: In certain circumstances, we need your personal data to comply with our contractual obligation to deliver our Products and Services, and assist with any questions you may have.
• Consent: we may ask your consent to process your personal information in some situations.
• Legal compliance: Sometimes the law says we need to collect and use your data.
• Legitimate interests: This is a term in data protection law that allows us to process your personal information if we have a fair reason to use your data, and only if we do so in ways which do not hurt your interests and rights. We sometimes require your data to pursue our legitimate interests in running our business, including for delivering our Products and Services, fraud prevention, quality assurance, and marketing purposes, as long as our use of your data does not materially impact your rights, freedom or interests. This allows us to improve and develop the quality of the online experience we offer all our users.

Email Notifications

We try to keep email communications to a minimum, and give you the ability to opt out of any marketing communications we send. For example, we may send you email relating to the Products or Services that we offer. You may also elect to receive certain marketing email communications, in accordance with your preferences, and from which you may opt out at any time. You can always opt out of receiving email information or mobile device notifications from SP (other than certain required communications informing you of the completion of a purchase, user registration, correction of user data, or change of password), by adjusting your user preferences in your account profile if you are a registered user, or by sending us an email at success@syndicationpro.com stating your request. If we have sent you a promotional email or mobile device notification, you may send us a return email or mobile device communication asking to be omitted from future email or mobile device distributions. This opt out does not apply to information provided to SP as a result of a purchase of the Products or Services, product service experience, or other transactions.

Retention

We will hold your personal information on our systems for as long as is necessary to perform the relevant processing activity for that information, or as long as is set out in any relevant contract you hold with us. This is a case by case determination that depends on things like the nature of the data, why it is collected, why it is processed, and any relevant legal or operational retention needs. For example, we may retain your data for as long as you maintain an account on our Site so that we may process and deliver your orders. We may also be legally required to hold some types of information to fulfil our statutory obligations. We review our retention periods for personal information on a regular basis. When the relevant processing activity has been completed, we may destroy your data, or alternatively anonymize the data in such a way that you are not personally identifiable, either directly or indirectly.

Personal Information Requests – California and European Union Residents

Users or Site visitors residing in certain locations, including California and the European Union, may be afforded certain rights regarding their personal information. Except where an exception or exemption applies, these rights may include 1) the ability to request access to or a copy of the information we have collected about you; 2) the right to review our data collection practices related to you; 3) the ability to request deletion of your personal information; 4) the right to request correction of any information we hold about you; 5) the right not to be discriminated against due to your exercise of any of the preceding rights; and 6) the right to request portability of your data. In certain circumstances, you may also request restriction of, or objection to the processing we perform about you. While these rights are not globally applicable, our customers are entitled to access the personal information that we hold about them.

You may also send us an email at success@syndicationpro.com to request access to, correct, or delete any personal information that we hold about you. Residents of California may designate an authorized agent to exercise certain privacy rights on their behalf, and should make any such request by contacting the above email address. To protect your privacy and security, SP may take reasonable steps to verify your identity before granting access to, correcting, or deleting data. We will attempt to respond to your request for information within 30 days. Please note that we may retain certain information as required by law or as necessary for our legitimate business purposes.

Questions, Comments, or Complaints

If you have questions or comments about this Privacy Policy, or if you are not completely satisfied with this Privacy Policy or its application by us, we invite you to convey your concerns or suggestions to us at success@syndicationpro.com If you have an applicable disability, you may also contact us at the above email address to request access to this Privacy Policy an alternative format. We will reply as quickly as possible and inform you of the steps, if any, that have been or will be taken in order to address your concern or implement the suggestion.

Updates and Changes to this Privacy Policy

This Privacy Policy is effective as of June, 1 2020. We may update this Policy from time to time. If we do, we’ll let you know about any material changes, either by notifying you on the Site or by sending you an email. If you keep using our Site, Products, or Services after a change, that means you accept this Policy.