THESE TERMS OF USE (AS UPDATED FROM TIME TO TIME AS SET FORTH HEREIN) SET FORTH THE LEGALLY-BINDING TERMS AND CONDITIONS FOR USE BY YOU OF THE BONFIRE CRM.COM WEBSITE (THE “SITE”), AND/OR ALL OTHER APPLICATIONS, SERVICES, FEATURES, AND/OR CONTENT (TOGETHER WITH THE SITE, COLLECTIVELY, THE “SERVICES”) OFFERED BY BONFIRE CRM, LLC. (“BONFIRE CRM,” “BONFIRE”, “WE,” “OUR” OR “US”). PLEASE READ THESE TERMS CAREFULLY AS THEY SET OUT LEGALLY BINDING TERMS AND CONDITIONS TO YOUR USE OF THE SITE AND ANY OF OUR SERVICES AVAILABLE THROUGH THE SITE.

1. Acceptance; Privacy Policy. You acknowledge that by registering with, accessing and/or using the Site or Services in any manner, you agree to these Terms of Use, which also incorporate by reference our Privacy Policy, each of which may be updated from time to time without prior notice. If you do not agree with these terms and conditions, please immediately discontinue use of and leave this Site. This Site is intended for individuals and entities that can form legally binding contracts under applicable law. Without limiting the foregoing, the Site and the Services offered by us are not available to minors. You must be at least eighteen (18) years of age or older to utilize the Services. If you are not eighteen (18) years of age or older or are otherwise incapable of entering into a legally binding agreement, please immediately discontinue use of and leave this Site.

These Terms of Use were last revised on the date provided above. If You use the Site after an amended Terms of Use has been posted, You will be deemed to have agreed to such amended Terms of Use. You may want to periodically visit this page to view the most recent Terms of Use.

2. Use of Site Content. Other than as expressly permitted in this Section 2, you may not copy, reproduce, distribute, transmit, display, perform, publish, license, modify, translate, adapt, create derivative works from, transfer, sell or otherwise exploit the Site or any content, information, software, products or services obtained from the Site without our prior written permission. You may view and display the public portions of the Site (that do not require password access) solely for your own internal, noncommercial, lawful use. You may only use restricted Site content subject to the expressly stated restrictions or limitations relating to specific material on the Site, and such other additional terms and conditions or agreements as Bonfire CRM may require you to agree to as a condition to use such material.

You agree that you will not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information from the Site through any means not intentionally made available or provided for through the Site. You will not transmit, distribute, introduce or otherwise make available in any manner through the Site any computer virus, keyloggers, spyware, worms, Trojan horses, timebombs or other malicious or harmful programming (collectively, “Malware”). We do not have any obligation to detect the presence of such Malware.

Notwithstanding any of the foregoing, you may display and, subject to any expressly-stated restrictions or limitations relating to specific material on the Services, electronically copy, download onto your personal computer, mobile device or other technology used to access the Services, and print single hard-copy portions of, the material from the Services solely for your own personal, noncommercial and lawful use. If you make other use of the Site or Services, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.

Unless otherwise expressly set forth herein, Bonfire CRM makes no representation that materials on the Site are appropriate or available for use in any location. If your use of this Site is illegal or prohibited by any applicable local, state, national or international law or regulation, then you should not do so. Those who choose to access this Site do so on their own initiative and are responsible for compliance with local laws.

3. Intellectual Property. Bonfire CRM and its licensors and suppliers own all right, title and interest in and to the Site, all the text, content, graphics, interfaces, code and materials therein, the look and feel, selection and arrangement, design and organization of the Site, and the compilation of the content, code, data and materials on the

Site, including but not limited to all intellectual property and proprietary rights therein. Your use of the Site does not grant to you ownership in or rights to of any of the foregoing. The Site is copyrighted as a collective work under the United States’ and other copyright laws, and is the property of Bonfire CRM. The collective work includes works that are licensed to Bonfire CRM. Unless otherwise indicated on the Site, displayed trademarks, corporate logos, services marks, trade names and emblems (collectively, the “Marks”) are subject to the trademark rights of, and are proprietary to, Bonfire CRM, its licensors or its affiliates. Bonfire CRM does not grant any license or other authorization to use the Marks except through a separate written license agreement.

4. Links and Third Party Content. Our Site may contain links to third-party websites or services that are not owned or controlled by us. Such third parties might use our logo(s) as part of a co-branding agreement. Such links may be to third party website that provide online account payment capabilities through such third party website in connection with your interactions with Bonfire CRM or its applicable affiliate. We are not responsible for the content of linked third-party websites and we do not make any representations or warranties regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such websites (including their privacy policies).

5. Unsolicited Submissions. Any unsolicited non-personal information, remarks, suggestions, ideas, graphics or material you submit to us by email, text, download, or otherwise (“Unsolicited Submission”), is non-confidential, and automatically becomes Bonfire CRM’s property upon receipt, without any compensation to you. We have no obligation to review or use any Unsolicited Submissions or to keep them confidential, but if we elect to use them, we are free to use and repurpose such Unsolicited Submission for any purpose. Specifically, we are free to use any ideas or concepts contained in any such Unsolicited Submission for any purpose whatsoever, without any compensation to you. Bonfire CRM does not waive any rights it may have to similar or related ideas previously known to it or developed by its employees and representatives, or obtained from sources other than you.

6. NO WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF SERVICES, THE SITE AND ITS CONTENT IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND BONFIRE CRM HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SITE AND ITS CONTENT, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT AND/OR OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. BONFIRE CRM DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SITE, THAT THE FUNCTIONS OR CONTENT CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY OR THROUGH THE SITE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. WITHOUT LIMITING THE FOREGOING, BONFIRE CRM DISCLAIMS ANY WARRANTIES ARISING FROM TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BONFIRE CRM OR ITS AUTHORIZED REPRESENTATIVE(S) SHALL CREATE A WARRANTY. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE AND THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

7. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL BONFIRE CRM OR ANY OF ITS OWNERS, MANAGERS, MEMBERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS OR REPRESENTATIVES BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SITE OR THE SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF BONFIRE CRM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT

ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL BONFIRE CRM’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF USD $50.00. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE-STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

8. Jurisdictional Issues; No Export. The Site is operated out of the United States and the Bonfire CRM products, Services, materials, offers, and information appearing on the Site are intended for U.S. users. The Services may not be available to users outside of the United States. Bonfire CRM makes no representation that materials or information on the Site are appropriate or available for use outside of the United States, and access to them from jurisdictions where their content is illegal is prohibited. Those who choose to access the Site outside of the United States do so at their own initiative and are responsible for compliance with applicable local laws.

9. Changes to these Terms of Use. Bonfire CRM reserves the right to modify these Terms of Use, and to add new or additional terms or conditions on your use of the Site, for any reason, without notice, at any time. Such modifications and additional terms and conditions will be effective immediately and incorporated into these Terms of Use upon posting of revised Terms of Use on the Site. Your continued use of the Site or Services afterward will be deemed acceptance of the then-current Terms of Use. Bonfire CRM may modify or discontinue providing the Site, in whole or in part, at any time, for any reason, without prior notice.

10. Copyright Notice. If you believe that any content available through the Site or the Services infringes a copyright claimed by you, please contact Bonfire CRM at support@bonfirecrm.com

11. Applicable Law and Disputes. These Terms of Use shall be governed in accordance with the laws of the TX. Your use may also be subject to other local, state, national or international laws. Any controversy or claim arising out of or relating to this Terms of Use or the Site or Services shall be settled by arbitration in the Collin County District Court administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court of competent jurisdiction. If Bonfire CRM is the prevailing party in any arbitration proceeding or lawsuit against or involving you, then you shall pay Bonfire CRM’s reasonable attorneys' fees, costs and expenses incurred in such arbitration proceeding or lawsuit.

Any action relating to the use of the Site or any transaction with Bonfire CRM must be brought in the courts of the Collin County District Court. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.

12. Other Provisions.

1. If any part of this Terms of Use is held invalid or unenforceable, the remaining portions shall remain in full force and effect. Bonfire CRM’s failure to enforce any right or provisions in these Terms of Use will not constitute a future or ongoing waiver of such or any other provision of the Terms of Use.
2. Bonfire CRM may notify you with respect to the Site by sending an email message to your last known email address in its records, via postal mail to your last known mailing address in its records, or by a posting on the Site. Notices shall become effective immediately following delivery by Bonfire CRM.
3. Bonfire CRM is not responsible for, and reserves the right to correct all, errors on the Site, including, without limitation, any pricing errors or mis-descriptions of products or services.
4. You hereby grant Bonfire CRM the right to take all steps Bonfire CRM believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms of Use. You agree that Bonfire CRM has the right, without liability to you, to disclose any data and/or information to law enforcement authorities, government officials and/or a third party, as Bonfire CRM believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms of Use

(including, but not limited to, Bonfire CRM’s right to cooperate with any legal process relating to your use of the Site, and/or a third-party claim that your use of the Site is unlawful and/or infringes such third-party’s rights).

13. Contact Information. Comments, questions or claims with respect to the Site or this Terms of Use should be directed to support@bonfirecrm.com

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