Please carefully read this TrustedForm Certify End User License Agreement (this “Agreement” or “EULA”), as this Agreement is a legal agreement between you, an individual or legal entity (“You”), and ActiveProspect, Inc., a Delaware corporation (“ActiveProspect”), regarding the use and implementation of the TrustedForm Certify Web SDK (defined below). This Agreement is only applicable if You intend to implement the TrustedForm Certify Web SDK on your website. In order to use the TrustedForm Certify Web SDK, You must first read and accept this Agreement. This Agreement includes the ActiveProspect Terms of Service (“TOS”), located at https://activeprospect.com/legal/tos, and the TrustedForm Privacy Notice, located at https://activeprospect.com/trustedform-privacy-notice/, which are each hereby incorporated by reference. To the extent of any conflict between the TOS and this Agreement, this Agreement shall control. By clicking the “I AGREE” or similarly labeled button, or by using the TrustedForm Certify Web SDK, You represent and warrant that You have read and agree to the terms and conditions of this Agreement.  If You agree to this Agreement on behalf of a legal entity, You represent that You have authority to bind that legal entity to this Agreement.

DEFINITIONS

“CCPA” means the California Consumer Privacy Act of 2018, as amended (Cal. Civ. Code §§ 1798.100 to 1798.199), and any related regulations or guidance provided by the California Attorney General. Terms defined in the CCPA, including personal information and business purposes, carry the same meaning in this Agreement.

“Retention Period” is the period during which an issued TrustedForm Certificate must be retained or the retention period extended by a TrustedForm Account holder. If a TrustedForm Certificate is not retained or the retention period extended within the Retention Period, it will expire. The initial Retention Period is approximately 3 days, and the extended Retention Period is approximately 3 months, but actual Retention Periods may vary. During the Retention Period, TrustedForm Certificates are visible to anyone with access to the TrustedForm Certificate URL.  After this period, only retained TrustedForm Certificates are accessible by the TrustedForm Account holders that retained them.  Retained Certificates are only accessible by TrustedForm Account holders for the period of time they are stored in their account.

“Contracted Business Purposes” means the TrustedForm service.

“Form” means a contact request form that is used to generate a Lead.

“Hosting Page” means a web page that hosts the TrustedForm Certify Web SDK and typically contains a Form.

“Lead” means the data that is submitted by a user on a Form.

“Lead Buyer” means the entity receiving or purchasing the Lead, or those entities to which You have granted access to a Lead.

“Page” means a web page.

“Your Data and Content” means electronic data, information, or material captured and stored by the TrustedForm Service and which a reasonable party would understand to be confidential or proprietary. Your Content and Data includes but is not limited to information pertaining to Leads that may contain individual, personally identifiable information.

“TrustedForm Account” means a paid account with the TrustedForm Service that provides the ability to retain TrustedForm Certificates.

“TrustedForm Certificate” means the unique digital record that is issued by the TrustedForm Certify Web SDK for a particular site visit. It is stored on the TrustedForm Server and accessed by a unique TrustedForm Certificate URL. Information collected and displayed with a TrustedForm Certificate shall be in accordance with Schedule 1 attached hereto.

“TrustedForm Certify Web SDK” means the TrustedForm JavaScript installed on the Hosting Page and that issues TrustedForm Certificates for visitors to that page.

“TrustedForm Server” means the computer system owned by ActiveProspect that responds to requests generated by the TrustedForm Certify Web SDK.

“TrustedForm Service” means the service provided by ActiveProspect that is designed to independently verify when and where an Internet Lead was collected, as detailed below.

DESCRIPTION OF THE TRUSTEDFORM SERVICE

The TrustedForm Service is designed to independently validate the origin of Leads through the use of the TrustedForm Certify Web SDK.  It is also intended to capture what was viewed by the site visitor on the Hosting Page, as well as the site visitor’s real-time interactions with the Hosting Page, for example, clicks, mouse movements, and data inputs. The TrustedForm Certify Web SDK is designed to operate as described herein. ActiveProspect represents and warrants that it will not use the TrustedForm Certify Web SDK for any malicious activity whatsoever, including without limitation taking control of Your site in any way.

After the TrustedForm Certify Web SDK is installed on the Hosting Page, when a site visitor visits the Hosting Page, the TrustedForm Certify Web SDK contacts the TrustedForm Server, which then collects information about that site visit (in accordance with Schedule 1) and issues a TrustedForm Certificate.  The TrustedForm Certify Web SDK also creates a hidden field in the Form that is used to collect and pass the TrustedForm Certificate URL.  If the site visitor completes the Form and submits his/her information (thereby generating a Lead), then the TrustedForm Certificate URL, within that hidden field, should be collected and sent with the rest of the Lead data to the Lead Buyer.  TrustedForm Certificates expire after the Retention Period, unless retained by a TrustedForm Account holder. Once a Certificate has expired, it is permanently deleted. By retaining a TrustedForm Certificate, a TrustedForm Account holder is able to validate the authenticity of the TrustedForm Certificate, extract the data from the TrustedForm Certificate, and store the TrustedForm Certificate in their TrustedForm Account for future reference.  Retained TrustedForm Certificates are stored as long as specified by the TrustedForm Account holder.

GRANT OF RIGHTS TO THE TRUSTEDFORM CERTIFY WEB SDK; LIMITED LICENSE

Subject to Your acceptance and compliance with this Agreement, ActiveProspect hereby grants You a limited, non-exclusive, non-transferable, non-sub licensable, revocable right and license during the Term (defined below) to use the TrustedForm Certify Web SDK.  Any new features provided by ActiveProspect that augment or enhance the current TrustedForm Certify Web SDK shall also constitute the “TrustedForm Certify Web SDK” and shall be subject to this Agreement.  All rights not expressly granted under this Agreement are retained by ActiveProspect.

The TrustedForm Certificate is for the sole use of the TrustedForm Account Holder that retains it. Retained TrustedForm Certificates may not be transferred or assigned to any other entity, regardless of whether such entity is a TrustedForm Account holder. Any distribution, reselling, or attempted transfer or assignment of the TrustedForm Certificate to a third party is strictly prohibited.

You may not, nor may You allow any third party to, copy, distribute, sell, disclose, lend, transfer, convey, modify, decompile, disassemble or reverse engineer the TrustedForm Certify Web SDK or the TrustedForm Service for any purpose whatsoever.  In addition, You will not attempt to discover any underlying methods algorithms, file formats or programming interfaces of the TrustedForm Certify Web SDK or the TrustedForm Service by any means or in any way interfere with its intended purpose.  You may not allow any unauthorized third party to access the TrustedForm Certify Web SDK for any purpose whatsoever.  ActiveProspect will monitor use of the TrustedForm Certify Web SDK and reserves the right to block any party associated with any suspicious activity, as determined in ActiveProspect’s sole discretion.

Nothing herein is intended to grant any rights to You or any other third party under any patent, copyright, trade secret, or other intellectual property right of ActiveProspect, with the sole exception of the rights of You to use the TrustedForm Certify Web SDK in accordance with the express provisions, and under the express limitations, contained in this Agreement.

UPDATES TO THE TRUSTEDFORM CERTIFY WEB SDK

ActiveProspect may occasionally make updates or modifications to the TrustedForm Certify Web SDK that may affect Your Hosting Page (collectively, the “Technical Updates”). You can, by subscribing to receive email notifications at https://activeprospect.com/trustedform/notify/, receive notifications from ActiveProspect regarding such Technical Updates.  ActiveProspect will exercise reasonable efforts to provide You with sufficient time to test any Technical Updates prior to their release into production to ensure there are no adverse effects to your Hosting Page.

YOUR DATA AND CONTENT; PRIVACY

ActiveProspect does not own Your Data and Content.  You represent and warrant that You have the authority to collect, use, market, sell or distribute Your Data and Content, including but not limited to Leads, in compliance with applicable law. ActiveProspect represents and warrants that it does not rent, license, or sell Your Data and Content. Furthermore, ActiveProspect does not collect, use, or distribute Your Data and Content, except in strict accordance with this Agreement.

ActiveProspect’s CCPA Obligations: (i) ActiveProspect will only collect, use, retain, or disclose personal information for the Contracted Business Purposes for which You provide or permit personal information access; (ii) ActiveProspect will not collect, use, retain, disclose, sell, or otherwise make personal information available for ActiveProspect's own commercial purposes or in a way that does not comply with the CCPA. If a law requires ActiveProspect to disclose personal information for a purpose unrelated to the Contracted Business Purpose, ActiveProspect must first inform You of the legal requirement and give You an opportunity to object or challenge the requirement, unless the law prohibits such notice; (iii) ActiveProspect will limit personal information collection, use, retention, and disclosure to activities reasonably necessary and proportionate to achieve the Contracted Business Purposes or another compatible operational purpose; and (iv) ActiveProspect must promptly comply with Your request or instruction requiring ActiveProspect to provide, amend, transfer, or delete the personal information, or to stop, mitigate, or remedy any unauthorized processing. ActiveProspect will reasonably cooperate and assist You with meeting Your CCPA compliance obligations and responding to CCPA-related inquiries, including responding to verifiable consumer requests, taking into account the nature of ActiveProspect's processing and the information available to ActiveProspect. ActiveProspect will respond to CCPA request to know or for deletion that it receives directly by instructing the requestor to contact You directly, and we will provide Your contact information to the requestor if You have provided the same to us as a TrustedForm Account holder.

Your CCPA Notice Obligations: You agree to clearly and conspicuously notify consumers, at or before the point of data collection, of your practices regarding the collection, use, and sharing of personal data, including the sharing of personal data with service providers, like ActiveProspect. The following language is recommended for insertion in Your privacy notice, which You agree to prominently display to consumers at or before the point of data collection:

“We use ActiveProspect’s TrustedForm Certify Web SDK to independently document users’ consent to be contacted. The TrustedForm Certify Web SDK is embedded on our website and collects the following information when you interact with the page(s) where the script is present: page URL, mouse movements and clicks, contact information inputted by the user, a snapshot of the page, including IP address of the user’s computer, time on the page, date and time that the TrustedForm Certify Web SDK was loaded, as well as the date and time of the various user interactions with the page, and HTTP headers from the user’s browser. For more information about ActiveProspect’s data use and collection policies and practices, please review the ActiveProspect Privacy Policy, located at https://activeprospect.com/privacy-policy/.”

Your failure to comply with the above CCPA notice obligations will be deemed a material breach of this Agreement.

You control Your Data and Content that is collected by the TrustedForm Certify Web SDK. ActiveProspect does not share any of Your Data and Content with any third parties. Only the Lead Buyers with whom you choose to share a TrustedForm Certificate will have access to Your Content and Data contained within such TrustedForm Certificate. Any TrustedForm Certificates not retained by a TrustedForm Account holder within the Retention Period will be deleted.

ActiveProspect respects the privacy of visitors to Your Hosting Page and does not collect or use consumer data in an unexpected or undisclosed manner. Accordingly, the TrustedForm Certify Web SDK and TrustedForm Service do not: (i) use cookies in any way; or (ii) engage in cross-site tracking of your visitor web browsing.

Notwithstanding the foregoing, ActiveProspect reserves the right to use aggregate, anonymized data relating to usage of the TrustedForm Service (i.e., usage data that contains no personally identifiable information or Confidential Information) for legitimate business purposes, including but not limited to tracking and reporting on general industry trends.

You hereby grant to ActiveProspect a non-exclusive, non-transferable, limited license, to use Your Data and Content solely to the extent that such license is required for provision of the TrustedForm Service.  You accept sole responsibility for all of Your Data and Content.  You acknowledge that ActiveProspect exercises no control over the information passing through the TrustedForm Service or the TrustedForm Certify Web SDK, and that ActiveProspect assumes no responsibility for Your Data and Content.

You represent and warrant that Your privacy policy describes the types of personal information You collect, how You use such information, whether such information is shared with third parties, and how any third parties use such shared information.  You are solely responsible for ensuring that Your privacy policy complies with all relevant legal requirements. You will not use the TrustedForm Certify Web SDK or Service to: (i) collect, or attempt to collect, personal information about third parties without their knowledge or consent; (ii) collect or store account numbers from credit cards, debit cards, bank accounts, or other financial systems; (iii) collect or store U.S. Social Security Numbers or other personal identification numbers issued by other governments, except as expressly set forth in this Agreement; (iv) collect, store or otherwise handle personal information in violation of any applicable law, including without limitation the CCPA, the U.S. Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), the U.S. Children’s Online Privacy Protection Act of 1998 ("COPPA"), or the EU General Data Protection Regulation (“GDPR”) and implementing legislation; or (v) collect, store or otherwise handle personal information in violation of Your privacy policy.  In the event you collect Sensitive Data on the Hosting Page, You will follow ActiveProspect instructions for flagging Sensitive Data fields so that the TrustedForm Certify Web SDK applies a cryptographic hash function to that data which makes it infeasible for anyone, including us, to store, retrieve, reverse-engineer, or utilize the data that was submitted by the user in that flagged data field. “Sensitive Data” is data that, if disclosed without authorization, could result in significant economic, reputational, or privacy harm to the data subject. Examples of Sensitive Data include, without limitation, social security numbers, passwords, security challenge information, and drivers license numbers.

You further represent and warrant that Your privacy policy clearly and conspicuously discloses the use of third-party tracking technology.

CCPA Warranties and Certification: Both parties will comply with all applicable requirements of the CCPA when collecting, using, retaining, or disclosing personal information. Each party certifies that it understands this Agreement's and the CCPA's restrictions and prohibitions on selling personal information and retaining, using, or disclosing personal information outside of the parties' direct business relationship, and it will comply with them. The parties warrant that they have no reason to believe any CCPA requirements or restrictions prevent it from providing any of the Contracted Business Purposes or otherwise performing under this Agreement. Each party must promptly notify the other of any changes to the CCPA's requirements that may adversely affect its performance under the Agreement.

DUTY TO MAINTAIN CONFIDENTIAL INFORMATION

In connection with providing the TrustedForm Services, ActiveProspect may have access to your proprietary and confidential information, including names of websites used to generate Leads, URL query string data, and the number of visitors to the Hosting Page.  This information, including Your Data and Content collected by the TrustedForm Certify Web SDK, shall be deemed Your “confidential information,” and ActiveProspect shall not use it except as expressly provided in this Agreement.

Additionally, neither You nor ActiveProspect shall use any information, whether written or oral, that relates to the other party’s business, products, processes, pricing, customer profiles, methods of operations, and confidential or proprietary or that a reasonable party would understand to be confidential or proprietary, except with the following exceptions: (i) information that is or becomes generally available to the public; (ii) information that was in its possession or known by it before receipt from the other party; (iii) information that was rightfully disclosed to it without restriction by a third party; (iv) information that was independently developed without use of any confidential information of the other party; or (v) information required to be disclosed by law or governmental regulation.

SECURITY MEASURES

All ActiveProspect products are hosted at facilities that maintain security in accordance with industry security best practices, including SOC 2 compliance.  ActiveProspect products all utilize the industry standard security measures.  TrustedForm Certificates will be encrypted in transit if a Hosting Page uses the HTTPS version of the TrustedForm Certify Web SDK. However, You acknowledge and agree that no security measure is perfect or impenetrable, and ActiveProspect will not be held liable for unauthorized access to our servers or databases.

WEBSITE PERFORMANCE

The TrustedForm Certify Web SDK has been designed to load quickly and asynchronously so as to have no noticeable effect on Page load times.  If You believe that the TrustedForm Certify Web SDK is having a negative effect on website performance, You should remove the TrustedForm Certify Web SDK and notify ActiveProspect immediately to allow ActiveProspect support staff to assist in troubleshooting the issue.  ActiveProspect can make no warranties, express or implied, regarding website performance, as website performance is dependent on a number of factors beyond ActiveProspect’s control.

NO PUBLICITY

Neither party may issue news releases or other public statements relating to this Agreement or the other party or the parties’ relationship without the express, written authorization from the other party.  Furthermore, neither party will disclose the specific terms of its relationship with the other party to any third party.

REVISIONS TO THIS AGREEMENT

ActiveProspect reserves the right to update and modify this Agreement from time to time.  Any new features that augment or enhance the TrustedForm Service or the TrustedForm Certify Web SDK, including the release of new tools and resources, shall be subject to this Agreement, as modified.  Your continued use of TrustedForm Service or the TrustedForm Certify Web SDK after any such revisions or modifications means You consent and agree to such changes.  You agree to visit https://activeprospect.com/legal/trustedform-eula periodically to review the most current version of this Agreement.

TERM AND TERMINATION

The term (the “Term”) of this Agreement, with any posted revisions, will commence as of the earlier of the date You click “I AGREE” (or similarly labeled button) or by using the TrustedForm Certify Web SDK, and will remain in effect as long as You continue to use the TrustedForm Certify Web SDK, and it will continue to apply until terminated by either You or ActiveProspect.  ActiveProspect reserves the right to change, limit, terminate, modify, or temporarily or permanently cease providing the TrustedForm Certify Web SDK and the TrustedForm Service, with or without prior notice.

NOTICES

Notices required under this Agreement by You must be provided in writing to ActiveProspect at P.O. Box 151136, Austin, TX 78715, Attention: CEO, or by email to [email protected]. Notice by ActiveProspect to You shall be deemed given when sent to the TrustedForm notification list available at https://activeprospect.com/trustedform/notify/.

GOVERNING LAW, VENUE

THE PARTIES AGREE THAT THE SUBSTANTIVE LAWS OF THE STATE OF TEXAS, EXCLUDING ITS CONFLICTS OF LAWS RULES, WILL BE APPLIED TO GOVERN, CONSTRUE AND ENFORCE ALL OF THE RIGHTS AND DUTIES OF THE PARTIES ARISING FROM OR RELATING IN ANY WAY TO THE SUBJECT MATTER OF THIS AGREEMENT.  THE PARTIES CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF AND VENUE IN THE STATE AND FEDERAL COURTS LOCATED IN TRAVIS COUNTY, TEXAS, AND WAIVE ANY OBJECTION TO SUCH JURISDICTION OR VENUE.

REPRESENTATIONS AND WARRANTIES

You represent and warrant that You will not use the TrustedForm Service or the TrustedForm Certify Web SDK in a manner that violates this Agreement.  You must take reasonable precautions and procedures to prevent violation of this Agreement.  Although ActiveProspect does not assume the duty or obligation to monitor any materials created, posted or uploaded by You or any third parties, ActiveProspect reserves the right, in its sole and absolute discretion, to monitor any and all materials posted or uploaded by You or any third parties at any time without prior notice to ensure that they conform to our usage guidelines and policies.

You represent and warrant: (i) that You are solely responsible for the development, operation, and maintenance of the Hosting Page and Your Data and Content; (ii) that You have the necessary rights and licenses, consents, permissions, waivers and releases to use Your Data and Content; (iii) that Your Data and Content does not (a) violate, misappropriate or infringe any rights of us or any third party, (b) constitute defamation, invasion of privacy or publicity, or otherwise violate any rights of any third party, or (c) is designed for use in any illegal activity or promote illegal activities, including without limitation use in a manner that might be libellous or defamatory or otherwise malicious, illegal or harmful to any person or entity; and (iv) that Your Hosting Page does not contain any virus, worm, trojan horse, logic bomb, wiretap, denial of service attack or other potential attack on us, any of our clients, or any facet of any of the TrustedForm Services.

You agree to abide by all applicable local, state, national, foreign and international laws and regulations and that You will be solely responsible for all acts or omissions that occur on Your Hosted Page, including but not limited to the content of Your transmissions through the TrustedForm Service.

MUTUAL INDEMNIFICATION

Indemnification by Us. We will defend You against any claim, demand, suit or proceeding made or brought against You by a third party alleging that the use of the TrustedForm Certify Web SDK in accordance with this Agreement infringes or misappropriates such third party’s intellectual property rights (a “Claim Against You”), and will indemnify You from any damages, attorney fees and costs finally awarded against You as a result of, or for amounts paid by You under a court-approved settlement of, a Claim Against You, provided You (a) promptly give Us written notice of the Claim Against You, (b) give Us sole control of the defense and settlement of the Claim Against You (except that We may not settle any Claim Against You unless it unconditionally releases You of all liability), and (c) give Us all reasonable assistance, at Our expense. If We receive information about an infringement or misappropriation claim related to a Service, We may in Our discretion and at no cost to You (i) modify the TrustedForm Certify Web SDK so that it no longer infringes or misappropriates, (ii) obtain a license for Your continued use of the TrustedForm Certify Web SDK in accordance with this Agreement, or (iii) terminate Your license to the TrustedForm Certify Web SDK. The above defense and indemnification obligations do not apply to the extent a Claim Against You arises from Content, third-party services or software, or Your breach of this Agreement.

Indemnification by You. You will defend Us against any claim, demand, suit or proceeding made or brought against Us by a third party alleging that Your Content and Data, or Your use of the TrustedForm Certify Web SDK or Content and Data in breach of this Agreement, infringes or misappropriates such third party’s intellectual property rights, or violates applicable law (a “Claim Against Us”), and will indemnify Us from any damages, attorney fees, and costs arising from or related to a Claim Against Us, provided We (a) promptly give You written notice of the Claim Against Us, (b) give You sole control of the defense and settlement of the Claim Against Us (except that You may not settle any Claim Against Us unless it unconditionally releases Us of all liability), and (c) give You all reasonable assistance, at Your expense.

Exclusive Remedy. This Section (“MUTUAL INDEMNIFICATION”) states the indemnifying party’s sole liability to, and the indemnified party’s exclusive remedy against, the other party for any type of claim described in this Section.

DISCLAIMERS; LIMITATION OF LIABILITY

While the TrustedForm Service is designed to independently verify the origin of Leads through the use of the TrustedForm Certify Web SDK and capture what was viewed by the site visitor on a Hosting Page, ActiveProspect does not control what information is requested from a site visitor on Your Hosting Page.  Accordingly, ActiveProspect specifically disclaims any liability with respect to the information collected on Your Hosting Page or such information’s compliance or non-compliance with applicable laws and regulations, including the Telephone Consumer Protection Act or any rule or regulation implemented thereunder by the Federal Trade Commission, Federal Communication Commission or other regulatory body.  The TrustedForm Service does not provide legal advice, and any questions relating to the sufficiency of the TrustedForm Certificate as a record of consent should be addressed to an attorney with expertise in this area of law.

YOU ACKNOWLEDGE AND AGREE THAT THE TRUSTEDFORM SERVICE AND THE TRUSTEDFORM CERTIFY WEB SDK ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITH ALL FAULTS. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS AGREEMENT, ACTIVEPROSPECT (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES) (COLLECTIVELY THE “ACTIVEPROSPECT PARTIES”), ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS FOR THE TRUSTEDFORM SERVICE AND THE TRUSTEDFORM CERTIFY WEB SDK, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO MORAL RIGHTS, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, NON-INTERFERENCE, TITLE, COMPATIBILITY OF COMPUTER SYSTEMS, COMPATIBILITY OF SOFTWARE PROGRAMS, INTEGRATION, AND THOSE ARISING FROM COURSE OF DEALING, COURSE OF TRADE, OR ARISING UNDER STATUTE. NO ADVICE OR INFORMATION GIVEN BY ACTIVEPROSPECT OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY WITH RESPECT TO ADVICE OR INFORMATION PROVIDED.

ACTIVEPROSPECT DOES NOT WARRANT OR GUARANTEE THAT THE TRUSTEDFORM SERVICE OR TRUSTEDFORM CERTIFY WEB SDK CAN BE PROVIDED TO YOU OR THAT IT CAN BE ACCESSED AT YOUR LOCATION. THE AVAILABILITY OF THE TRUSTEDFORM SERVICE AND THE TRUSTEDFORM SERVICE IS SUBJECT TO INTERNET AVAILABILITY AND YOUR COMPUTER/DEVICE CONFIGURATION AND CAPABILITIES, AMONG OTHER FACTORS.  THE TRUSTEDFORM CERTIFY WEB SDK RELIES ON JAVASCRIPT BEING ENABLED IN THE BROWSER OF THE USER VISITING THE HOSTING PAGE.  THIS, AMONG OTHER FACTORS, MAY PREVENT A TRUSTEDFORM CERTIFICATE BEING ISSUED FOR EVERY LEAD.

ACTIVEPROSPECT DOES NOT WARRANT THAT THE TRUSTEDFORM SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES, WORMS, DISABLING CODE OR CONDITIONS, OR THE LIKE. ACTIVEPROSPECT SHALL NOT BE LIABLE FOR LOSS OF YOUR DATA AND CONTENT, OR IF CHANGES IN OPERATION, PROCEDURES, OR SERVICES REQUIRE MODIFICATION OR ALTERATION OF YOUR EQUIPMENT, RENDER THE SAME OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE.

EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT SHALL THE PARTIES BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OF REVENUE, LOSS OF PROGRAMS OR INFORMATION OR DAMAGE TO DATA ARISING OUT OF THE USE, PARTIAL USE OR INABILITY TO USE THE TRUSTEDFORM SERVICE, THE TRUSTEDFORM CERTIFY WEB SDK, OR YOUR DATA AND CONTENT, OR RELIANCE ON OR PERFORMANCE OF THE TRUSTEDFORM SERVICE, THE TRUSTEDFORM CERTIFY WEB SDK, OR YOUR DATA AND CONTENT, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY, EVEN IF THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES.  IN NO EVENT WILL ACTIVEPROSPECT’S LIABILITY TO YOU FOR ANY AND ALL CLAIMS, LOSSES OR DAMAGES ARISING OUT OF OR RELATING TO, IN WHOLE OR IN PART, THIS AGREEMENT, OR ANY SERVICES PROVIDED UNDER THIS AGREEMENT OR OTHERWISE, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED $1,000.00 USD.

GENERAL PROVISIONS

All obligations of the parties under this Agreement, which, by their nature, would continue beyond the termination of this Agreement, including without limitation, those relating to the parties’ representations and warranties, indemnification and limitation of liability, shall survive such termination.

Neither party will be liable for delays, damages or failures in performance due to causes beyond its reasonable control, including, but not limited to, acts of a governmental body, acts of God, acts of third parties, fires, floods, strikes, work slow-downs or other labor-related activity, or an inability to obtain necessary equipment or services.

You may not assign or otherwise transfer this Agreement, or Your rights or obligations under it, in whole or in part, to any other person.  Any attempt to do so shall be void.  ActiveProspect may freely assign all or any part of this Agreement with or without notice.

ActiveProspect's failure at any time to insist upon strict compliance with any of the provisions of this Agreement shall not be construed to be a waiver of such terms in the future.  If any provision of this Agreement is determined to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect and the unenforceable portion shall be construed as nearly as possible to reflect the original intentions of the parties.

Last update: 11/17/2023

Schedule 1

TrustedForm Certificate Data

Information collected and displayed with a TrustedForm Certificate:

Page URL: This is what the site visitor sees in the browser address bar. If the Hosting Page is within an Iframe, the URL of the Page will be determined using the Hosting Page's referrer.  If the Form is not framed, the referrer will not be captured.  This is done to avoid capturing the actual Page referrer that may contain proprietary information that You would not want to disclose to another party.  The Page URL will be truncated on the TrustedForm Certificate to hide the query string.

Framed URL: The URL of the Hosting Page in the event that is within an Iframe.

HTTP headers from the visitor’s browser: User-Agent

Date and time that the TrustedForm Certify Web SDK was loaded at the Hosting Page where the visitor submitted his/her information as a lead, as well as the date and time of the various visitor interactions with the Hosting Page.

Time on page: The duration of time between when a visitor lands on the page and the last event recorded by the TrustedForm Certify Web SDK for their visit.

IP address of the visitor’s computer

Page Snapshot: The full HTML of the Page as seen by the visitor at the time the TrustedForm Certify Web SDK loaded on the Page.

Form Inputs. All Lead data input by the visitor on the Hosting Page. Any Sensitive Data must be flagged by You per our instructions available at https://support.activeprospect.com. Data collected from flagged Sensitive Data fields will be subjected to a cryptographic hash function which makes it infeasible for anyone, including us, to store, retrieve, reverse-engineer, or utilize the data that was submitted by the user in that flagged data field.

Mouse Clicks.  All mouse clicks made by the visitor on the Hosting Page.

Mouse Movements.  All mouse movements made by the visitor on the Hosting Page.

Information that is collected, but not displayed with, a TrustedForm Certificate:

Sensitive Data fields. Data from Sensitive Data fields will subjected to a cryptographic hash function which makes it infeasible for anyone, including ActiveProspect, to store, retrieve, reverse-engineer, or utilize the data that was submitted by the user in that flagged data field. This data will be displayed using asterisks

A unique hash that represents the Lead associated with a TrustedForm Certificate.

Browser profile information to assist in identifying fraudulent activity.  All HTTP headers are collected but only User-Agent is displayed.

Information that may be unintentionally collected by the TrustedForm Certify Web SDK:

Query String Data:  When capturing the Page URL where the Lead was collected, it is possible that additional data is captured as additional parameters appended to the Page URL. The data that is appended to the Page URL is completely at Your discretion. TrustedForm captures the complete URL including any data that has been appended to the URL. This data may include information such as Lead data (firstname=steve) or traffic data (search_engine=google.com&keyword=diapers). Since this data could include Your Confidential Information that should not be shared, ActiveProspect truncates the URL of the Page when displayed on a TrustedForm Certificate so that any information following the “?” is hidden. Furthermore, only the truncated URL may be collected by TrustedForm account holders during usage.

Sensitive Data: You are prohibited from collecting Sensitive Data through a Form without properly flagging Sensitive Data fields on Your Form as per our instructions available at https://support.activeprospect.com.

Cookies:  The TrustedForm Certify Web SDK does not use cookies in any way. In the event cookie data is unintentionally collected from Your website, such data will not be utilized for any purpose.