Privacy and Your Personal Information

For information about Liberty Capital Group Inc’s data protection practices, please read Liberty Capital Group Inc’s Privacy and Security Policy, which is hereby incorporated into this Agreement. This policy explains how Liberty Capital Group Inc treats your personal information when you access www.LibertyCapitalGroup.com and use the Service. The policy may be updated from time to time at our discretion. Changes will be effective upon posting to the site.

Description of the Service

The Service is a business information management service that allows Members to consolidate and track their phone calls on www.LibertyCapitalGroup.com. Based on such information, the Service may also present information relating to third party products or services.

The Service is meant as an aid to assist you in organizing and managing your phone calls.

Account Information from Third Party Sites

With the Service, Members may direct Liberty Capital Group Inc to retrieve their own information maintained online by third-party financial institutions with which they have customer relationships, maintain accounts or engage in financial transactions (“Account Information”). Liberty Capital Group Inc works with one or more online financial service providers under contract to access this Account Information. Liberty Capital Group Inc makes no effort to review the Account Information for any purpose, including but not limited to accuracy, legality or non-infringement. Liberty Capital Group Inc is not responsible for the products and services offered by or on third-party sites.

Liberty Capital Group Inc cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. Liberty Capital Group Inc cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings. For example, when displayed through the Service, Account Information is only as fresh as the time shown, which reflects when the information is obtained from such sites. Such information may be more up-to-date when obtained directly from the relevant sites. You can refresh your Account Information through the Service, in the manner prescribed in the associated instructions.

Third-Party Links

Some parts of the Service are supported by sponsored links from advertisers and display Liberty Capital Group Inc Offers that may be custom matched to you based on information stored in the Service, queries made through the Service or other information. We will always disclose when a particular Liberty Capital Group Inc Offer is sponsored.

In connection with Liberty Capital Group Inc Offers, the Service will provide links to other web sites belonging to Liberty Capital Group Inc advertisers and other third parties. Liberty Capital Group Inc does not endorse, warrant or guarantee the products or services available through the Liberty Capital Group Inc Offers (or any other third-party products or services advertised on or linked from our site), whether or not sponsored, and Liberty Capital Group Inc is not an agent or broker or otherwise responsible for the activities or policies of those web sites.

Your Registration Information

You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your Login ID e-mail address, allows you to access the Service. That Login ID and password, together with any mobile number or other contact information you provide form your “Registration Information.”

By providing us with your e-mail address, you agree to receive all required notices electronically, to that e-mail address. It is your responsibility to update or change that address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our site, accessible through any standard, commercially available internet browser.

If you become aware of any unauthorized use of your Registration Information, you agree to notify Liberty Capital Group Inc immediately at the email address – info@LibertyCapitalGroup.com.

Your Use of the Service

Your right to access and use www.LibertyCapitalGroup.com and the Service is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use LibertyCapitalGroup.com for lawful purposes.

Accurate records enable Liberty Capital Group Inc to provide the Service to you. You must provide true, accurate, current and complete information about your accounts maintained at other web sites, as requested in our “add account” setup forms, and you may not misrepresent your Registration Information. In order for the Service to function effectively, you must also keep your Registration Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Service to you will be affected.

Your access and use of Liberty Capital Group Inc.com may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of www.LibertyCapitalGroup.com or other actions that Liberty Capital Group Inc, in its sole discretion, may elect to take.

The Service

The Services consist of one or more of the following: a web-based interface, access to incoming telephone number or keywords, Direct Inward Dialing Numbers (“DIDs”), messaging applications, voice broadcast applications, SMS gateway access, data encryption, data transmission, data access, data storage and, if applicable, synchronization software, as well as software maintenance and upgrades and customer support, that enable you to send text messages and/or voice broadcasts to recipients designated by you (collectively, the “Services”). We provide MT outbound messages through different routes, and the level of reliability and support for special features varies according to the route. You are responsible for obtaining and maintaining all computer hardware, software and communications equipment needed to access the Services, and for paying all access charges (e.g. ISP, telecommunications) incurred while using the Services.

Liberty Capital Group Inc only provides that the Services are processed correctly and delivered by Liberty Capital Group Inc to the applicable network. Liberty Capital Group Inc is not responsible for the final delivery of any communication initiated through Liberty Capital Group Inc’s Services, as this is out of our control and is the responsibility of the communications carrier.

Liberty Capital Group Inc transmits and receives text messages via major telecommunications companies and mobile network operators, and thus Liberty Capital Group Inc’s influence over the timing of the transmission of your messages and broadcasts is within the technical constraints imposed upon Liberty Capital Group Inc. While Liberty Capital Group Inc shall use commercially reasonable efforts to transmit your messages and broadcasts to the applicable network for final delivery to your designated recipients as fast as possible, we cannot commit to, and do not guarantee, a specific maximum delivery time. Such times depend on various network and system-related factors among the various entities involved in the transportation of your messages and broadcasts across the public switched telephone network and/or Internet. You should know that communications carriers assign text messages and voice broadcasts with a default lifetime and any message or broadcast that cannot be delivered successfully within the lifetime assigned to it will be discarded by the communications carrier without any notice. Liberty Capital Group Inc is not liable for any loss incurred by the failure of a message or broadcast to be delivered, and you acknowledge that damages for financial or other loss resulting from delivery failure cannot be claimed from Liberty Capital Group Inc for any such non-deliveries. Furthermore, you agree that message and broadcast contents are deemed to have zero value.

Usage Policy

You represent and warrant that the owners of the phone numbers you provide to Liberty Capital Group Inc, to which outbound messages and broadcasts are transmitted through the Services, have consented or otherwise opted-in to the receipt of such messages and broadcasts. You agree that you will include clear opt-out/unsubscribe information on at least every fifth text message you send through Liberty Capital Group Inc’s Services and otherwise adhere to the Consumer Best Practices Guidelines promulgated by the Mobile Marketing Association. You further agree that any individual requesting “Do-Not-Call” (“DNC”) status shall immediately be placed on your DNC accounts list and removed from your list of approved contacts used with the Liberty Capital Group Inc Services and Liberty Capital Group Inc.com.

You agree to familiarize yourself with and abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account, including without limitation the content of the messages and broadcasts transmitted through the Liberty Capital Group Inc Services. Without limiting the foregoing, you agree to familiarize yourself with the legalities of any messages, calls, broadcasts, and campaigns transmitted through the Liberty Capital Group Inc Services by visiting the following websites:

• Federal Trade Commission, http://www.ftc.gov
• Federal Communications Commission, http://www.fcc.gov
• DoNotCall Registry Info, http://www.donotcall.gov

The Telephone Consumer Protection Act (“TCPA”), the Federal Trade Commission, the Federal Communications Commission, the DNC list registry rules (http://www.donotcall.gov) and various state laws, rules and regulations place restrictions on certain types of phone calls and text messages. Liberty Capital Group Inc is in no way attempting to interpret any laws, rules, or regulations. This information is provided merely as a courtesy and is not intended to replace your responsibility to familiarize yourself with and abide by the legal requirements pertaining to your messages, broadcasts and campaigns prior to using Liberty Capital Group Inc.com or Services. You are ultimately responsible to make your own informed decisions regarding your messages, broadcasts, and campaigns.

You shall send campaigns responsibly and in a manner that is courteous to the recipients pursuant to local, state, national, and international calling time rules and regulations. You are solely responsible for obtaining any rights or licenses to any data, including without limitation sound files, for inclusion in any outbound messages, broadcasts, and campaigns. If you are unfamiliar or unclear on the legalities of any message, broadcast or campaign, you must consult with your attorney prior to your use of LibertyCapitalGroup.com or Services.

You accept that the Services are provided for professional use only, and you agree that your use of Liberty Capital Group Inc.com or Services shall not include:

• Sending unsolicited marketing messages or broadcasts (i.e. spam);
• Sending any calls to life-line services, such as hospitals, fire, police, 911 or utility-related telephone numbers;
• Using strings of numbers as it is unlawful to engage two or more lines of a multi-line business;
• Harvesting, or otherwise collecting information about others, without their consent;
• Misleading others as to the identity of the sender of your messages or broadcasts, by creating a false identity, impersonating the identity of someone/something else or by providing contact details that do not belong to you;
• Transmitting, associating or publishing any unlawful, racist, harassing, libelous, abusive, threatening, demeaning, immoral, harmful, vulgar, obscene, pornographic or otherwise objectionable material of any kind;
• Transmitting any material that may infringe upon the intellectual property rights of third parties including trademarks, copyrights or other rights of publicity;
• Transmitting any material that contains viruses, trojan horses, worms, time bombs, cancel-bots or any other harmful/deleterious programs;
• Interfering with, or disrupting, networks connected to the Services or violating the regulations, policies or procedures of such networks;
• Attempting to gain unauthorized access to the Services, other accounts, computer systems or networks connected to the Services, through password mining or any other means;
• Interfering with another’s use and enjoyment of the Services or Liberty Capital Group Inc Sites; or
• Engaging in any other activity that Liberty Capital Group Inc believes could subject it to criminal liability or civil penalty/judgment.

You agree to provide legal contact information in any outbound campaign within the initial greeting message. You further agree that Liberty Capital Group Inc is, under no circumstances, responsible for the contents and/or accuracy of your messages or broadcasts and Liberty Capital Group Inc will only transmit them on a basis of good faith that you use the Services in accordance with these Terms. Liberty Capital Group Inc will not be liable for any misuse of the Services by you. Liberty Capital Group Inc is not responsible for the views and opinions contained in any of your messages or broadcasts.

Indemnification

You warrant and represent to Liberty Capital Group Inc that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in these Terms or in the performance of such obligations will place you in breach of any other contract or obligation. You further warrant and represent that you are and shall at all times remain in full compliance with all applicable laws, rules and regulations with regard to your use of Liberty Capital Group Inc.com and Services, including without limitation the Telephone Consumer Protection Act, the Telemarketing Sales Rule, the CAN-SPAM Act (Controlling the Assault of Non-Solicited Pornography and Marketing Act) of 2003, and all other laws and regulations concerning privacy, telemarketing, and Internet marketing.

You agree to indemnify and hold harmless Liberty Capital Group Inc and its affiliates and each of their respective officers, directors, shareholders, employees, agents, contractors, representatives, content providers and service providers, from and against any and all losses, claims, obligations, liabilities, damages, settlements, costs and expenses (including, but not limited to, consequential damages, incidental damages, special damages, disbursements and attorneys’ fees, including attorneys’ fees incurred from counsel selected by Liberty Capital Group Inc in its sole discretion) arising from or relating to any actual or threatened claim, suit, action, proceeding, governmental investigation or enforcement action based upon or arising out of: (i) your breach of the above warranties; or (ii) any use by you, or an account or computer owned by you, of Liberty Capital Group Inc.com or Services. You agree to cooperate as fully as reasonably required in the defense of any claim, suit, action, proceeding, governmental investigation or enforcement action, but we reserve the right, at your expense, to assume the exclusive defense and control of any matter in which you are a named party and that is otherwise subject to indemnification by you. You acknowledge and agree to be held liable for any and all damages caused to Liberty Capital Group Inc by you as a direct result of a violation of local, state, national or international laws and regulations, including but are not limited to those damages that may arise from your fraudulent, intentional or unintentional harm, disability, unauthorized use of, or destruction to any and all equipment, licensing and/or services provided by Liberty Capital Group Inc to you.

Online and Mobile Alerts

Liberty Capital Group Inc may from time to time provide automatic alerts and voluntary account-related alerts.

Automatic alerts may be sent to you following certain changes made online to your Liberty Capital Group Inc account, such as a change in your Registration Information.

Voluntary account alerts may be turned on by default as part of the Service. They may then be customized, deactivated or reactivated by you. These alerts allow you to choose alert messages for your accounts. Liberty Capital Group Inc may add new alerts from time to time, or cease to provide certain alerts at any time upon its sole discretion. Each alert has different options available, and you may be asked to select from among these options upon activation of your alerts service.

Electronic alerts will be sent to the email address you have provided as your primary email address for LibertyCapitalGroup.com. If your email address or your mobile device’s email address changes, you are responsible for informing us of that change. You can also choose to have alerts sent to a mobile device that accepts text messages. Changes to your email address or mobile number will apply to all of your alerts.

Because alerts are not encrypted, we will never include your passcode. However, alerts may include your Liberty Capital Group Inc.com Login ID and some information about your accounts. Anyone with access to your email will be able to view the content of these alerts. At any time you may disable future alerts.

Rights You Grant to Us

By submitting information, data, passwords, usernames, PINs, other log-in information, materials and other content to Liberty Capital Group Inc through the Service, you are licensing that content to Liberty Capital Group Inc solely for the purpose of providing the Service. Liberty Capital Group Inc may use and store the content, but only to provide the Service to you. By submitting this content to Liberty Capital Group Inc, you represent that you are entitled to submit it to Liberty Capital Group Inc for use for this purpose, without any obligation by Liberty Capital Group Inc to pay any fees or other limitations.

By using the Service, you expressly authorize Liberty Capital Group Inc to access your Account Information maintained by identified third parties, on your behalf as your agent. When you use the “Add Accounts” feature of the Service, you will be directly connected to the website for the third party you have identified. Liberty Capital Group Inc will submit information including usernames and passwords that you provide to log you into the site. You hereby authorize and permit Liberty Capital Group Inc to use and store information submitted by you to the Service (such as account passwords and user names) to accomplish the foregoing and to configure the Service so that it is compatible with the third party sites for which you submit your information. For purposes of this Agreement and solely to provide the Account Information to you as part of the Service, you grant Liberty Capital Group Inc a limited power of attorney, and appoint Liberty Capital Group Inc as your attorney-in-fact and agent, to access third party sites, retrieve and use your information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN LIBERTY CAPITAL GROUP INC IS ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD PARTY SITES, LIBERTY CAPITAL GROUP INC IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY. You understand and agree that the Service is not sponsored or endorsed by any third parties accessible through the Service.

Liberty Capital Group Inc’s Intellectual Property Rights

The contents of www.LibertyCapitalGroup.com, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under both United States and other applicable copyright, trademark and other laws. The contents of Liberty Capital Group Inc.com belong or are licensed to Liberty Capital Group Inc or its software or content suppliers. Liberty Capital Group Inc grants you the right to view and use www.LibertyCapitalGroup.com subject to these terms. You may download or print a copy of information provided on Liberty Capital Group Inc.com for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from www.LibertyCapitalGroup.com in whole or in part for any other purpose is expressly prohibited without our prior written consent.

Access and Interference

You agree that you will not:

• Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor Liberty Capital Group Inc.com or any portion of www.LibertyCapitalGroup.com, without Liberty Capital Group Inc’s express written consent, which may be withheld in Liberty Capital Group Inc’s sole discretion;
• Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search www.LibertyCapitalGroup.com, other than the search engines and