MilkMoney Campaign Portal

Contents

Terms of Use
Privacy Policy
GDPR Addendum

Terms of Use

Introduction

These terms of use are entered into by and between You and MILKMONEY, INC., a Delaware corporation ("MilkMoney", "Company", "we" or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms of Use"), govern your access to and use of MILKMONEY.COM,, and its linked web portals, including any content, data, functionality and services offered on or through MILKMONEY.COM (the "Website"), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

This Website is offered and available to users who are 18 years of age or older and reside in the United States (also outside the US) or any of its territories or possessions, who are using this Website for commercial purposes on behalf of a business (whether a sole proprietorship, partnership, corporation, limited liability company, or other legal entity). By using this Website, you represent and warrant that you are of legal age and have the legal authority to act on behalf of such business to use this Website, and if applicable, form a binding contract with MilkMoney and otherwise meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you.

What is the MilkMoney Website?

MilkMoney is an on-demand media buying website, connecting advertisers with outdoor advertising opportunities. MilkMoney integrates the whole process through its Website - identifying available outdoor advertising for the advertiser’s campaign, obtaining rights to those displays for the advertisers use, and facilitating the preparation of advertising materials for display through our Website.

Through the MilkMoney Website, advertisers may request MilkMoney find available outdoor advertising for their campaigns and contract with MilkMoney to obtain those display for advertiser’s use. Through the Website, advertisers will submit their advertising content for approval by the media owner or operator, who contracts with MilkMoney for the use of the display, and if approved, MilkMoney will facilitate the preparation of advertising materials for use in the display by third parties who contract with MilkMoney. All transactions and communications for the advertising order are integrated through the MilkMoney Website.

MilkMoney is not liable or responsible for advertisers’ or display owners’ compliance with applicable federal, state, or local laws, rules, regulations or standards pertaining to their businesses. In addition, MilkMoney does not guarantee the quality of display inventory the display owners offer and does not independently verify, and is not liable for, representations made by media owners regarding the displays offered through the MilkMoney Website, including, but not limited to, permits, licenses, authorizations, and agreements that may be required for the display.

You also acknowledge and agree that, except as expressly provided for otherwise in these Terms or a separate agreement between you and MilkMoney, MilkMoney does not form any employment or agency relationship with you and does not hold title to any advertising display that you order through the MilkMoney Website.

Occasionally there may be information on the advertising displays or services that contains typographical errors, inaccuracies, or omissions that may relate to pricing, product descriptions, promotions, offers, and availability. Please note that prices of advertising displays and services may include a “discount” referenced in the description. The “discount” refers to the % savings off the 4-week rate card price given to MilkMoney by the media owner, which may change from time to time for the display that MilkMoney passes along to the customer. Additionally, MilkMoney’s price includes production and installation services (unless otherwise stated), not included in the rate card price. Please note that advertised prices for same advertising displays and related services may differ. Although MilkMoney strives to post the best available price it cannot offer a price guaranty, and MilkMoney prices may change from time to time. Further, MilkMoney reserves the right to correct any errors, inaccuracies or omissions and to change or update information or refuse or cancel orders if any information on the advertising displays or services is inaccurate at any time without prior notice (including after you have submitted your order and/or made payment).

As provided in greater detail in these Terms, you agree and acknowledge these material terms:

The MilkMoney Website is licensed, not sold to you, and you may use the Website only as set forth in these Terms;
Your use of the Website may be subject to separate third-party terms of service and fees, including without limitation your mobile network operator’s ("Carrier") terms of service and fees, including fees charged for data usage and overage, which are your sole responsibility;
You consent to the collection, sharing, and use of your personally identifiable information in accordance with MilkMoney’s Privacy Policy;
The Website is provided "as is" without warranties of any kind, and MilkMoney’s liability to you is limited; and
Disputes arising under these Terms will be resolved by binding individual arbitration in California under California law.

The License

The Website is licensed, not sold, to you for use only under the terms of this license. MilkMoney reserves all rights not expressly granted to you. Subject to your complete and ongoing compliance with these Terms, MilkMoney hereby grants you a personal, limited, non- sublicensable, non-transferable, and revocable license to access the Website on compatible devices that you own or control, solely in a manner that complies with these Terms of Use and with all legal requirements that apply to you or your use of the Website. MilkMoney may revoke this license at any time, in its sole discretion. All inventory, unit selection, proposals, rates, and other transaction specific information are intended for the person to whom we have given a link and/or access, who has registered an account with us and is properly logged onto the Website. The use of the Website to view inventory and conduct business with MilkMoney is intended only for registered accounts and is not intended to be viewed or used by others.

Use of the Website

MilkMoney reserves the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users. If there is a problem with access to the Website, contact support@milkmoney.com for further assistance.

You are responsible for:

Making all arrangements necessary for you to have access to the Website.
Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. If you cannot access your account, you may need to answer security questions and comply with other security protocols to reestablish access to your account. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and the business on whose behalf you are acting and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information by you, the business on whose behalf you are acting, or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website includes content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by MilkMoney, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of MilkMoney. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Online Purchases and Other Terms and Conditions

All purchases through our Website or other transactions relating to advertising displays and services formed through the Website or as a result of visits made by you to the Website are governed by the terms and conditions of the written agreements entered into between MilkMoney and the business you represent and these Terms of Use.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use.

You agree not to use the Website:

In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use.
To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
To impersonate or attempt to impersonate MilkMoney, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm MilkMoney or users of the Website or expose them to liability.
To compete with MilkMoney. copy our model.
To obtain display information to directly deal with a media owner.
For your own marketing purposes.
To harm our customers, suppliers, or media owners
To manipulate, alter or modify what you find on our website, remove logos, alter rates, impressions, or similar conduct.

In order to use the Website, you agree to the following:

The Website, including any content that forms part of the Website, contains proprietary content, information and material that is protected by applicable intellectual property and other laws, including copyright;
You will not violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right, or otherwise engage in the unauthorized use of any proprietary content, information or materials;
Unless expressly permitted, you may not alter, modify, create derivative works of, sell, license or in any way exploit any part of the Website, and you agree not to copy, reproduce, distribute, publish, display, perform, transmit, stream or broadcast any part of the Website without prior written authorization;
You agree not to bypass any security or other features of the Website designed to control the manner in which the Website is used, harvest or mine content from the Website, or otherwise access or use the Website in a manner inconsistent with individual human use;
You agree not to perform any fraudulent activity, including impersonating any person or entity, or accessing any other Website account without permission;
You agree not to use, display, mirror, frame or utilize framing techniques to enclose the Website, or any portion thereof, unless and solely to the extent Company makes available the means for embedding any part of the Website;
You agree not to access, tamper with, or use non-public areas of the Website, Company’s (and its hosting company’s) computer systems and infrastructure, or the technical delivery systems of Company’s providers;
You agree not to use any robot, spambot, spider, crawler, scraper or other automated means or interface not provided by us to access the Website or to extract data;
You agree not to use the Website in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Company is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using the Website;
You agree that your use of the Website may incur third-party fees, such as fees charged by your Carrier for data usage, and may be subject to third-party terms, such as your Carrier’s terms of service, and you agree to pay all such fees and abide by all such terms; and
You agree not to introduce viruses, time-bombs, worms, cancelbots, trojan horses and/or other harmful code into the Website.

Copyrights and Trademarks

The Website and its entire contents, data, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by MilkMoney, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website on behalf of the business you represent for its commercial use only in connection with the advertising displays and services offered by MilkMoney. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print one copy of a reasonable number of pages of the Website for your use in connection with transactions with MilkMoney for advertising display and services and not for further reproduction, publication or distribution for any other purpose.
If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own use on behalf of the business you represent, provided you agree to be bound by our end user license agreement for such applications.
If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

Modify copies of any materials from this site.
Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

If you wish to make any use of material on the Website other than that set out in this section, please address your request to: support@MilkMoney.com

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by MilkMoney. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

The Company name, the Company logo, and all related names, logos, product and service names, designs and slogans found on the Website are trademarks of MilkMoney or its affiliates or licensors. You must not use such marks without the prior written permission of MilkMoney or its affiliate or licensor. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

Copyright Infringement

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this Website infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:

Your physical or electronic signature.
Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the written notice is accurate.
A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated copyright agent to receive DMCA Notices is:
MilkMoney.com
Attn. Support
6100 Wilshire Blvd, Ste 1200
Los Angeles, CA 90048
support@MilkMoney.com

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

Counter-Notification Procedures

If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a "Counter-Notice") by submitting written notification to our copyright agent designated [above/below]. Pursuant to the DMCA, the Counter-Notice must include substantially the following:

Your physical or electronic signature.
An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.

Our designated copyright agent to receive DMCA Notices is:
MilkMoney.com
Attn. Support
6100 Wilshire Blvd, Ste 1200
Los Angeles, CA 90048
support@MilkMoney.com

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

Repeat Infringers

It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

Linking to the Website, Communications, and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

This Website may provide certain social media features that enable you to:

Link from your own or certain third-party websites to certain content on this Website.
Send emails or other communications with certain content, or links to certain content, on this Website.
Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

Establish a link from any website that is not owned by you.
Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
Link to any part of the Website other than the homepage.
Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Termination

We have the right to:

Remove or refuse to post any user contributions or materials for any or no reason in our sole discretion.
Remove media owners, their display inventory, their ad strengths / descriptions, photos, and other information posted on the Website.
Take any action with respect to any user contribution or materials that we deem necessary or appropriate in our sole discretion, including if we believe that such user contribution or materials violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for MilkMoney.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS MILKMONEY AND ITS AFFILIATES, LICENSORS AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that data or other information files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER MILMONEY NOR ANY PERSON ASSOCIATED WITH MilkMoney MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE DATA, INFORMATION, REPRESENTATIONS FOUND ON THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER MILKMONEY NOR ANYONE ASSOCIATED WITH MILKMONEY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

MILKMONEY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL MILKMONEY, ITS AFFILIATES OR THEIR 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 YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, 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 USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless MilkMoney, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your use of the Website's content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case located in the County of Los Angeles although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

At Company's sole discretion, it may require You to submit any disputes arising from the use of the Website and the Terms of Use, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THE USE OF THE WEBSITE OR THESE TERMS OF USE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver of by MilkMoney of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of MilkMoney to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use, our Privacy Policy and any written agreements entered into with MilkMoney in connection with MilkMoney’s advertising displays and/or services, if applicable, constitute the sole and entire agreement between you and MilkMoney with respect to the use of the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

Your Comments and Concerns

This website is operated by MilkMoney, Inc., 6100 Wilshire Blvd, Ste 1200 Los Angeles, CA 90048. All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy above in the manner and by the means set forth therein. All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: support@MilkMoney.com.

Privacy Policy

Last modified: February 7, 2020

Introduction

MilkMoney, Inc. ("Company" or "We") respect your privacy and are committed to protecting it through our compliance with this policy.

This policy describes the types of information we may collect from you or that you may provide when you visit the website [“www.milkmoney.com”] (our "Website") and our practices for collecting, using, maintaining, protecting, and disclosing that information.

This policy applies to information we collect:

On this Website.
In email, text, and other electronic messages between you and this Website.
Through mobile and desktop applications you download from this Website, which provide dedicated non-browser-based interaction between you and this Website.
When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy.

It does not apply to information collected by:

us offline or through any other means, including on any other website operated by Company or any third party (including our affiliates and subsidiaries); or
any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or on the Website.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using this Website, you agree to this privacy policy. This policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

Children Under the Age of 13

Our Website is not intended for children under 13 years of age. No one under age 13 may provide any personal information to or on the Website. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this Website or on or through any of its features/register on the Website, make any purchases through the Website, use any of the interactive or public comment features of this Website or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at support@milkmoney.com.

Business to Business Use of Website

Our Website is not intended for the personal use of an individual consumer. The use of our Website is intended for the use of businesses (whether sole proprietorship, partnership, corporation, limited liability company, or other entity), through their employees, agents, or other authorized representatives, for commercial purposes in connection with the advertising displays or services offered by milkmoney to such businesses. An individual who uses this Website does so on behalf of such business for such commercial purposes and not for personal use. The information we collect may include the name, email address, and telephone number of such individual, and IP address or any screen name or user name such individual may use, which information will be identified and stored as information of the business such individual represents, not the individual.

Information We Collect About You and How We Collect It

We collect several types of information from and about users of our Website, including information:

by which you may be identified under the business you represent, such as name, postal address, e-mail address, telephone number, or any other identifier for the business by which you may be contacted online or offline ("business information");
that is about you but individually does not identify you; and/or
about your internet connection, the equipment you use to access our Website and usage details.

We collect this information:

Directly from you when you provide it to us.
Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.
From third parties, for example, our members and business partners.

Information You Provide to Us

The information we collect on or through our Website may include:

Information that you provide by filling in forms on our Website. This includes information provided at the time you fill out our Get Started form, entering into any portal, dashboard, or registering to use our Website, subscribing to our service, or requesting further services. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with our Website.
Records and copies of your correspondence (including email addresses), if you contact us.
Your responses to surveys that we might ask you to complete for research purposes.
Details of transactions you carry out through our Website on behalf of the business you represent and of the fulfillment of your orders. You may be required to provide financial information of the business you represent before placing an order through our Website.
Your search queries on the Website.

Through your client dashboard, you also may provide information to be published or displayed (hereinafter, "posted") on or transmitted to other members or users of the Website or third parties (collectively, "User Contributions"). Your User Contributions are posted on and transmitted to others at your own risk. Although we limit access to certain pages, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

Information We Collect Through Automatic Data Collection Technologies

As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

Details of your visits to our Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website.
Information about your computer and internet connection, including your IP address, operating system, and browser type.
We also may use these technologies to collect information about your online activities on behalf of the business you represent over time and across third-party websites or other online services (behavioral tracking). Such automatic data collection is identified by the business you represent, not you individually. Please contact milkmoney at support.milkmoney.com for information on how you can opt out of behavioral tracking of your personal information, if any, on this website.

The information we collect automatically is statistical data and does not include consumer personal information, but we may maintain it or associate it with business information we collect or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:

Estimate our audience size and usage patterns.
Store information about your business’s preferences, allowing us to customize our Website and make recommendations and suggestions according to your business’s specific interests.
Speed up your searches.
Recognize you when you return to our Website and your location.
Recommend other inventory you make prefer, and make other suggestions and recommendations to enhance your experience with MilkMoney and its Website

The technologies we use for this automatic data collection may include:

Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.
Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies.
Web Beacons. Pages of our the Website and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

Third-Party Use of Cookies and Other Tracking Technologies

Some content or applications, including advertisements, on the Website are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our website. The information they collect may be associated with your business information or they may collect information, including business information, about your online activities over time and across different websites and other online services. They may use this information to provide you or your business with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

How We Use Your Information

We use information that we collect about you or that you provide to us, including any business information:

To present our Website and its contents to you on behalf of the business you represent.
To provide you with information, products, or services that you request from us for the business you represent.
To fulfill any other purpose within the scope of the Terms of Use for which you provide it.
To provide you with notices about your business’s account, including expiration and renewal notices.
To carry out our obligations and enforce our rights arising from any contracts entered into between the business you represent and us, including for billing and collection.
To notify you about changes to our Website or any products or services we offer or provide though it.
For research and algorithms to improve our products.
To allow you to participate in interactive features on our Website.
In any other way we may describe when you provide the information.
For any other purpose with your consent.

We may also use your information to contact you about our own and third-parties' goods and services that may be of interest to you. If you do not want us to use your personal information, if any, in this way, please contact us at support@milkmoney.com for information on how you can remove your personal information.

We may use the information we have collected from you to enable us to display advertisements to our advertisers' target audiences. Even though we do not disclose your personal information, if any, for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

Disclosure of Your Information

We may disclose aggregated information about our users without restriction.

To our licensor and affiliates.
To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep business information confidential and use it only for the purposes for which we disclose it to them.
To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of milkmoney, Inc.'s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which business information held by MilkMoney about our Website users is among the assets transferred.
To third parties to market their products or services to you if you have not opted out of these disclosures. We contractually require these third parties to keep business information confidential and use it only for the purposes for which we disclose it to them.
To fulfill the purpose within the Terms of Use for which you provide it.
For any other purpose disclosed by us when you provide the information.
With your consent.

We may also disclose your business information:

To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
To enforce or apply our Terms of Use this Privacy Policy, or agreements for advertising displays or services entered into with milkmoney, including for billing and collection purposes.
If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of MilkMoney, Inc., our customers, media owners, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the business information you provide to us. We have created mechanisms to provide you with the following control over your information:

Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe's website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
Disclosure of Your Information for Third-Party Advertising. If you do not want us to share your business information with unaffiliated or non-agent third parties for promotional purposes, you can opt-out by sending us an email stating your request to support@milkmoney.com.
Promotional Offers from the Company. If you do not wish to have your email address/contact information used by the Company to promote our own or third parties' products or services, you can opt-out by sending us an email stating your request to support@milkmoney.com. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions. This opt out does not apply to information provided to the Company as a result of a product purchase, warranty registration, product service experience or other transactions in connection with an agreement, or agreements, for advertising displays or services entered into with milkmoney.
Targeted Advertising. If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers' target-audience preferences, you can opt-out by sending us an email stating your request to support@milkmoney.com.

We do not control third parties' collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative ("NAI") on the NAI's website.

Accessing and Correcting Your Information

You can review and change your business information by logging into the Website and visiting your account profile page.

You may also send us an email at support@milkmoney.com to request access to, correct or delete any business information that you have provided to us. We cannot delete your business information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

If you delete your User Contributions from the Website, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other Website users. Proper access and use of information provided on the Website, including User Contributions, is governed by our Terms of Use, Privacy Policy, and agreements for advertising displays and services entered into with milkmoney.

California Civil Code Section § 1798.83 permits users of our Website that are California residents to request certain information regarding our disclosure of business information to third parties for their direct marketing purposes. To make such a request, please send an email to support@milkmoney.com.

Data Security

We have implemented measures designed to secure your business information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions will be encrypted using SSL technology.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Website like message boards. The information you share in public areas may be viewed by any user of the Website.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your business information, we cannot guarantee the security of your business information transmitted to our Website. Any transmission of business information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

Milkmoney is and will at all times remain a “Processor” with regard to customer data collected and stored in connection with the use of this Website and any agreement for advertising displays and services entered into with milkmoney. Milkmoney is responsible for compliance with its obligations as a Processor under applicable data protections law. For transactions affected by the European Union General Data Protection Regulation (EU 2016/679), our obligations as a Processor and your obligations as a “Controller” are set forth in detail in EU Addendum [below].

Milkmoney has implemented generally accepted industry standard systems and procedures to ensure the security and confidentiality of the data that you store in the Website, protect against anticipated threats or dangers to the security or integrity of customer data, and protect against unauthorized access to or use of customer data.

The principal storage of customer data will be in secure facilities operated by Google and/or HubSpot in the United States. Milkmoney has a contractual relationship with Google and HubSpot as a 3rd party cloud hosting providers for the operation of the milkmoney Website, and related portals, including the secure storage and transmission of customer data. Milkmoney may change its 3rd party cloud hosting provider or the location at which customer data is stored at its sole discretion without notice.

Customer data is stored in protected format, and is encrypted during transmission from its storage facility to you when you access it. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use reasonable means to protect customer data, milkmoney cannot guarantee its absolute security.

Neither milkmoney (including any of its employees or agents) nor anyone acting on its behalf will access customer data in a manner in which it is intelligible or recognizable, unless:

Required or permitted to do so by law, valid search warrant or court order (or equivalent); or
Requested to do so by you (or someone with your authorization); provided that if you request milkmoney to provide you with technical support on an issue relating to customer data, that will be taken as a request by you to access customer data for that limited purpose.

If MilkMoney is served with a legal request to produce or disclose any of customer data (such as by subpoena or court order), we will endeavor to notify you of the disclosure request so as to provide you with the opportunity to intervene, unless we are prohibited from doing so by law.

The Website operates and customer data is stored on redundant servers for each component of the system, so that if any server goes down, another server steps in to provide the same functionality. In addition, the entire system is mirrored to a second geographical location, so that should the primary location suffer a total physical catastrophe, you can continue to use the Website.

While all these steps provide you with a tremendous amount of security in customer data, you acknowledge that you are also responsible for taking reasonable steps to access customer data in a manner that protects its security. This includes that you are responsible for using secure Internet connections, and recognize that unsecure connections (for example public hotspots) are more open to malicious interception.

Changes to Our Privacy Policy

It is our policy to post any changes we make to our privacy policy on this page with a notice that the privacy policy has been updated on the Website home page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this Privacy Policy to check for any changes.

Contact Information

To ask questions or comment about this Privacy Policy and our privacy practices, contact us at:
MilkMoney, Inc., 6100 Wilshire Blvd, Ste 1200, Los Angeles, CA 90048. support@milkmoney.com.