Welcome to www.m3traffic.com and all subdomains and applications (collectively, the “Site”) operated by ME Marketing DBA M3Traffic (“M3,” “we,” or “us”). Through the Site, businesses, clients, and any Site user (“Users,” “you,” or “your”) are provided with the opportunity to connect quickly, easily, and affordably and use our Services. By accessing the Site, any of the various features (including, services, applications, emails, content, uploads, or products now or subsequently available through the Site) (collectively, the “Services,” and together with the Site, the “Platform”), you agree to be bound by these terms and conditions of use (these “Terms”). IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OR DO NOT CONSENT TO DO BUSINESS ELECTRONICALLY, YOU ARE NOT AUTHORIZED TO AND ARE PROHIBITED FROM ACCESSING THE PLATFORM. We may change these Terms and any related fees at any time by posting revisions to the Site, and your continued use of the Platform indicates your agreement to the revised Terms. Accordingly, we urge you to regularly review these Terms. To the extent these Terms conflict with any customer agreement you have signed with us, the terms contained in the customer agreement will prevail.

Please read these Terms carefully. They cover important information about the Services provided to you. These Terms include information about future changes to these Terms, automatic renewals, limitations of liability, a class action waiver, and a resolution of disputes by arbitration instead of court. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.

1. Application of Terms.

These Terms apply to all Users of Services, including users who are also contributors of Content on the Service or users who simply view and/or use Content from the Services. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features, work openings, and other materials you may view on, access through, or contribute to the Service. Users of M3 Base may not have access to all functionality of the Services.

2. Privacy Policy

Our Privacy Policy (the “Policy”) describes how we handle your personal information when you use the Platform. The Policy is part of and is incorporated into these Terms.

3. User Registration

Eligibility. You must be at least 18 years old to use the Services. By agreeing to these Terms, you represent and warrant that you are: (i) at least 18 years old; (ii) that you have not previously been suspended or removed from the Services; and (iii) that your registration and/or use of the Services is in compliance with any and all applicable laws and regulations.

Account Creation. To use certain Services or obtain access to certain portions of the Platform, you are required to complete a registration (“Account”). You agree that you will provide true, accurate, current, and complete information about yourself or your organization (as applicable) as prompted by the registration process and that you will update that information as necessary to maintain its accuracy. You are responsible for safeguarding any password or login credentials that you use to access the Platform. And are fully responsible for all activities that occur under your Account through the Services. When formulating your password, use a combination of upper and lower case letters, numbers, and symbols to maximize the strength of your password. You may not (i) disclose your password or other account information to any third party; (ii) transfer your account or user ID to a third party; or (iii) use a third party’s account information, passwords, or log-in information. If you become aware of any unauthorized use of your account or any related security breach, you must immediately notify us at support@m3traffic.com. We are not responsible for any loss or damage that arises from your failure to comply with this section, or with any other terms and conditions of this Site. If you created the Account on behalf of your employer or another entity the default contact for the Account will be the person creating the Account, unless a different person is identified.

Special Consent for Applicants. Users who are applicants for certain positions have the option to have M3 automatically complete certain portions of your Account by obtaining certain background information about you from a consumer reporting agency. By consenting to this process, you hereby grant M3 permission to obtain your personal information from the consumer reporting agency and to use it to complete your application and/or Account. You are responsible for confirming all information included in your Account

Geographic Restrictions. The Service may provide features based on your location. To utilize these features, you must allow the Service access to location information generated by the device used to interact with the Services. If enabled, you expressly consent to and grant M3 the right to collect and disclose the location of your mobile device or other related information.

Location-Based Services. The Service may provide features based on your location. To utilize these features, you must allow the Service access to location information generated by the device used to interact with the Services. If enabled, you expressly consent to and grant M3 the right to collect and disclose the location of your mobile device or other related information.

Access Control. It is your responsibility to exercise discretion and observe all safety measures that you deem necessary or as may be required by law to protect your personal well-being and personal and real property and to prevent unauthorized access, misuse of passwords, or misuse of any other information. You may only access and use the Services as authorized by M3 Terms and any other materials M3 provides to you. M3 is not liable to you for any unauthorized access or misuse of the Service. You may not use the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party’s use and enjoyment of the Services. You may not attempt to gain unauthorized access to the Services, computer systems or networks connected to the Services, through hacking, password mining, or any other means. You agree that you will not engage in any activities with respect to the Services that are contrary to any applicable laws, rules, and regulations. You further agree to: (1) not to use the Service while driving, and (2) to either only use the Service after you have stopped your vehicle in an appropriate location permitted by law or have a passenger other than the driver use the Service, provided it does not interfere with the due course of driving and does not distract the driver.

Service Interruptions. Because the Service is internet based, it may be interrupted or negatively affected by items outside of the control of M3. M3 is not liable to you for interruptions of or problems with the Service and/or Content caused by acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services obtained by you or M3, virus attacks or hackers, failure of third party software (including, without limitation, e-business software, payment gateways, chat, statistics or free scripts) or inability to obtain raw materials, supplies, or power used in or equipment needed for the Services; failure of access circuits to M3’s computer network; DNS issues; issues with FTP, POP3, SMTP, or any items relating to your access to the Services and/or Content; your acts or omissions (or acts or omissions of others engaged or authorized by you, including, without limitation, custom scripting or coding (e.g., COI, Perl, HTML, ASP, etc.), any negligence, willful misconduct, or use of Services in breach of this Agreement; e-mail delivery and transmission; or outages elsewhere on the Internet that hinder access to the Services and/or Content.

Restrictions on Use - You agree that you will not copy, translate, rent, lease, sublicense or otherwise transfer the Service(s) or Platform; and/or cause or permit reverse compilation, reverse engineering, or reverse assembly of all or any portion of the Service(s) or Platform.

4. Your Use of Content

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content.

The Content on the Service, and the trademarks, service marks and logos ("Marks") on the Service, are owned by or licensed to M3, subject to copyright and other intellectual property rights under the law.

Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms.

M3 is not directed to anyone younger than 18 and is offered only to users 18 years of age or older. Any person who provides their personal information through M3 indicates that they are 18 years of age or older.

You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.

All engagements are directly and solely between the Users. You understand and acknowledge that we are not a party to nor will we have any liability with respect to such engagements. You further understand that we do not endorse or vouch for the reputation, competence, or credibility of any User.

You understand that when using the Service, you will be exposed to Content from a variety of sources, and that M3 is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against M3 with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless M3, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.

5. Additional Terms for Applicants.

Any User who is an applicant for work using our Services (“Applicant”), you may use the Services to:

• Search for Jobs: Utilize our platform to explore various job opportunities.

• Submit Applications: Apply for desired positions through the designated application process.

• Receive Alerts: Opt-in for email or SMS notifications to stay informed about relevant work openings.

• Contribute to the Applicant Database: Include your information, encompassing an "applicant profile," which includes profiles, references, recommendations, and written overviews assessing your experience, qualifications, safety reports, and motor vehicle rating reports.

By maintaining an Account, providing your applicant information, and signing up for any notifications, you agree that:

• We may use the provided information to send you details about work openings that align with your interests.

• Your applicant profile and related information may be displayed or provided (unless marked private) to potential employers or recruiters interested in candidates with your qualifications.

• If you consent to sharing your applicant profile with potential employers (whether submitted to the applicant database or in response to an open position on the M3 website), you grant us a perpetual, irrevocable, non-exclusive, royalty-free, worldwide license (and right to sub-license) to utilize the intellectual property rights associated with your applicant profile for the fulfillment of our Services.

Application - By applying to a work opening, you grant M3 permission to store and share your information, including the applicant profile, with the entity posting the work opening. Ensure the provided information is accurate and complete, acknowledging that M3 does not guarantee the recipient's response or error-free data transmission.

Applying to Work Openings on the Platform. When applying to a work opening, we will send the associated applicant profile if all relevant parameters are met. It is your responsibility to keep the applicant profile updated for accurate information. While M3 requests confidentiality, we cannot guarantee the recipient's data security.

Alerts. Manually sign up for work alerts or agree to receive them based on your selected roles. You can manage your alert preferences, and opting out is available through provided links or instructions.

Interactions with Other Users. Exercise caution in your interactions, as risks may arise when dealing with strangers. Conduct due diligence on potential employers and work openings, as M3 does not authenticate users or guarantee the suitability, legitimacy, or reality of work openings.

6. Additional Terms for Clients.

a. Posting Guidelines. In relation to all work openings that you submit, provide, post, or distribute, whether on your own behalf or on behalf of a third party, you must adhere to the following content guidelines, in addition to other requirements outlined in these Terms:

Legal Compliance – You must ensure that the content of work openings complies with advertising standards and applicable laws, including employment and privacy regulations, both in your jurisdiction and the jurisdictions where the work openings are located.

Rights and Permissions – You confirm that you possess the necessary rights to permit the publication and use of work openings by M3 under these Terms.

Non-Violation Assurance – You warrant that the use, reproduction, distribution, or transmission of work openings will not violate any applicable laws or the rights of any third parties, including but not limited to infringement of copyrights, trademarks, or other proprietary rights.

Liability Acknowledgement – You acknowledge that you are solely responsible for any liability arising from the publication of work openings or material linked through such work openings.

Indemnification - Agree to indemnify and hold M3 and its subsidiaries, as well as their officers, directors, employees, and agents, harmless from any claims, costs, damages, losses, liabilities, and expenses (including attorneys' fees) arising from work openings or any other content provided by you, or your breach of these Terms.

Posting Rules

• Do not post or promote work openings that:

• Contain inaccurate, false, or misleading information.

• Include "hidden" keywords or keywords irrelevant to the presented job opportunity.

• Sell, promote, or advertise products or services.

• Endorse a particular political party, agenda, position, or religion.

• Advertise work openings in countries subject to U.S. economic sanctions, except where permitted by applicable law.

• Require inappropriate applicant information related to personal characteristics, beliefs, health, or age.

• Contain content or links that exploit people in a sexual, violent, or other inappropriate manner.

• Demand personal data from individuals under the age of 18.

• Include screening requirements not relevant to the job role.

• Involve franchises, pyramid schemes, distributorships, or multi-level marketing opportunities.

• Require applicants to pay for application, training, materials, or samples.

• Violate applicable laws or regulations.

b. Publication of Work Openings

Review and Verification – M3 may review and/or verify work openings and/or Users at its discretion to prevent fraud or abuse, enhance services, or for any other reason.

M3 Discretion – M3 is not obliged to use or display a work opening. We may reject a work opening for any reason, whether during a paid subscription plan, trial, or free subscription. M3 may, with no liability or penalty, remove any work opening or other Content, which in the sole judgment of M3, violates or may violate these Terms, applicable laws, rules or regulations, or third party terms; or may adversely affect M3; or is false, inaccurate, misleading, deceptive, fraudulent, libelous, defamatory, immoral, offensive, obscene, pornographic, disruptive, threatening, abusive or illegal; or which may violate or lead to the violation of the rights of, or harms or threatens the safety and privacy of any third party. M3 is not liable to you or any third party if your work opening is rejected or not posted or if any work opening or communication is removed from the Platform.

No Response Guarantee – M3 does not guarantee responses, the number of responses, views, clicks, applications, or the suitability of individuals for the advertised job vacancy.

Applicant Quality Responsibility - You are solely responsible for interviewing, performing final background and reference checks, verifying information, and selecting suitable applicants. Any information or background check information is provided “as-is.”

c. Account and Authorized Users

Responsibility for Account Activity - You are responsible for all activities, acts, or omissions of any person or entity accessing the Services under your Account.

No Selling or Sublicensing - You will not sell or sublicense access to your account or the Services including access to any Content.

No Charging for Access - You will not charge, or receive payment, in cash or in kind, from any individual or entity for the use of or access to any portion of the Services.

Cooperation in Investigations – You will Cooperate with M3 in the investigation of suspected or alleged violations of these Terms and any actions taken by M3 to enforce these Terms.

Suspension or Termination of Access – M3 may suspend, limit, condition, or terminate a User's access to the Services or any features if M3 reasonably determines a violation or potential violation of these Terms.

d. Data Protection

You agree to implement appropriate physical, technical, organizational, and administrative measures (a) to prevent unauthorized or unlawful processing of any applicant personal data; (b) to protect applicant personal data against accidental loss, destruction or damage; (c) to include taking reasonable steps to ensure the reliability of the personnel having access to applicant personal data; and (d) having regard to the state of technological development and the cost of implementing those measures so as to ensure a level of security appropriate to: (i) the harm that may result from breach of those measures; and (ii) the nature of applicant personal data to be protected. You agree to comply with applicable data protection and privacy laws and regulations in applicable jurisdictions particularly as they relate to your operations and the residency of an applicant. You further agree to indemnify, hold harmless, and defend M3 at your own expense against all costs, claims, damages or expenses incurred by M3 for which we may become liable due to any failure by you or your personnel or agents to comply with any of your obligations under this section and applicable data protection and privacy laws and regulations.

7. User Subscription, Fees, Billing, Phone Usage, and Subscription Pause

To obtain full access to the Platform and services provided by M3, you may be required to pay a subscription fee in addition to completion of the registration and Account creation process described above.

If you are using a free version of the Services, we will notify you before any Services you are then using begin carrying a fee, and if you wish to continue using such Services, you must pay all applicable fees for such Services. Note that if you elect to receive text messages through the Services, data and message rates may apply. Any and all such charges, fees or costs are your sole responsibility. You should consult with your wireless carrier to determine what rates, charges, fees or costs may apply to your use of the Services.

If a paid subscription is necessary, we may contact you to provide further information regarding the varying levels of subscriptions available to you. If you choose a monthly subscription package, your first payment to us will be due immediately, with each payment thereafter due on the monthly anniversary of the day you first gained access to the Platform. You may cancel your subscription with 30 days written notice. If you cancel your subscription prior to its expiration (regardless of whether such subscription is monthly, annual, or some other term), we will not refund you the pro-rated portion of the applicable pre-paid subscription fee.

a. Billing and Payment

We use a third-party payment processor (“Payment Processor”) to bill you for any fees through a payment account linked to your Account on the Services for use of paid Services. Currently, we use Stripe, Inc. (“Stripe”) for payment processing services. By using the Stripe payment processing services, you agree to the Agreement available at www.stripe.com/terms, and the applicable bank agreement available at www.stripe.com/terms.

We are not responsible for any error by, or other acts or omissions of, the Payment Processor. By choosing to use paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms, and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment of Fees using that selected Payment Method. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment.

(i) Payment Method

The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you for fees, you agree to pay all amounts due on your Account upon demand.

(ii) Recurring Billing

Some of the paid Services may consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. By choosing a recurring payment plan, you acknowledge that such Services have an initial and recurring payment feature, and you accept responsibility for all recurring charges prior to cancellation. WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY OR IN ACCORDANCE WITH THE TERM OF THE SERVICES) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD.

(iii) Current Information Required

YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT ACCOUNT SETTINGS. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED OR PAUSED YOUR PAID SERVICES.

b. A2P SMS Messaging; Phone Usage Credit

We use Application to Person (A2P) SMS messaging which is subject to certain regulations. By using our platform and/or signing these terms, you agree to follow all laws, regulations, guidelines, and policies regarding the use of SMS. We are not liable for any breach of the law, regulations, guidelines, or policies that your company has. Users are the ‘sender of record’ and bear sole responsibility for ensuring compliance with all federal and state laws, including but not limited to TCPA, CTIA guidelines, and carrier policies.

To maintain uninterrupted service for features utilizing phone communication, such as SMS and system calls, your Account is required to maintain a positive balance of phone usage credits.

(i). Usage Consumption

Credits are consumed based on your active usage of telecommunication services. Rates may vary based on the specific feature used and the destination of the communication.

(ii). Automatic Recharge

To prevent service interruption, accounts are automatically recharged—typically in $10 increments—whenever the credit balance falls below a set threshold.

(iii). Usage Monitoring

You may monitor your real-time balance and review detailed communication logs at any time via the billing dashboard in your account settings.

(iv). Credit Refills

All credit purchases are final and non-refundable. Credits are dedicated solely to platform-related communication services and cannot be exchanged for cash.

(v). Service Suspension

If your balance reaches zero or an auto-recharge fails, all phone-related features will be suspended immediately until a successful payment is processed.

c. Pause Subscription

For otherwise current subscribers, we offer a pause option for convenience if you are not actively using the Platform.

(i). Notice Requirement

To request a pause of your subscription, you must provide at least ten (10) days’ written notice prior to your next renewal date. Notice must be delivered by email to support@m3traffic.com or through your client dashboard or to your account manager.

(ii). Effect of Pause

When a pause is approved, your subscription will not renew on the scheduled billing date. Beginning on that billing date, you will immediately lose access to the Platform, including all permissions to use, upload, or modify content within the software.

(iii). Impact on Services

While your subscription is paused, we are unable to provide any active services, including but not limited to running advertisements, campaigns, or other recruiting activities on your behalf.

(iv). Resuming a Subscription

When you resume your subscription, your account will renew at the then-current subscription price offered by us at the time of resumption, regardless of the rate you previously paid.

(v). Pause Fee

Pausing a subscription incurs an administrative cost. The applicable pause fee will be communicated to you at the time of your request. Payment of this fee is required in order for the pause to take effect.

d. AI Voice Calling Services

M3 may provide AI-powered voice calling technology as part of the Services ("AI Voice Services"). Client acknowledges and agrees to the following:

(i) Client as Initiating Party

Client is the initiating party and caller of record for all calls placed using AI Voice Services. M3 provides the technology platform only. Client bears sole responsibility for ensuring that all outbound calls made through AI Voice Services comply with all applicable federal, state, and local laws and regulations, including but not limited to the Telephone Consumer Protection Act (TCPA), the Telemarketing Sales Rule (TSR), Federal Communications Commission (FCC) rules and orders, state telemarketing and consumer protection statutes, and all applicable Do Not Call regulations.

(ii) Consent Obligations

Client is solely responsible for obtaining and documenting all required consents before initiating calls through AI Voice Services, including Prior Express Written Consent as defined under the TCPA and FCC regulations. Client acknowledges that AI-generated voice calls are classified as calls using "artificial or prerecorded voice" under the TCPA and FCC's February 2024 Declaratory Ruling, and that the highest consent standard applies. M3 does not verify, validate, or guarantee the adequacy of consent obtained by Client.

(iii) Regulatory Compliance

Client shall comply with all applicable calling restrictions, including but not limited to: National and state Do Not Call Registry requirements, calling time restrictions, caller ID and ANI display requirements, state telemarketer registration requirements, state AI disclosure and transparency laws, and call recording consent laws. Client shall maintain its own internal Do Not Call list and honor all opt-out requests in accordance with applicable law.

(iv) AI Disclosure

Client acknowledges that certain jurisdictions require disclosure to called parties that a call is being made using artificial intelligence or automated voice technology. Client is solely responsible for ensuring that call scripts and AI Voice Services configurations include all legally required disclosures.

(v) Indemnification for AI Voice Services

In addition to the indemnification obligations set forth in Section 17, Client shall indemnify, defend, and hold harmless M3 and its members, employees, contractors, officers, directors, and agents from and against any and all claims, damages, losses, liabilities, fines, penalties, costs, and expenses (including reasonable attorney fees) arising out of or related to Client's use of AI Voice Services, including but not limited to claims arising under the TCPA, TSR, FCC regulations, state telemarketing laws, state AI regulations, or any other applicable law or regulation governing automated, AI-generated, or prerecorded voice communications.

(vi) No Legal Advice

M3 does not provide legal advice regarding TCPA compliance, telemarketing regulations, or AI calling laws. Client is solely responsible for seeking independent legal counsel to ensure its use of AI Voice Services complies with all applicable laws. M3's provision of AI Voice Services does not constitute a representation that Client's use of such services is lawful in any particular jurisdiction or circumstance.

(vii) Suspension and Termination

M3 reserves the right to suspend or terminate Client's access to AI Voice Services immediately and without notice if M3 reasonably believes Client is using AI Voice Services in violation of applicable law or in a manner that exposes M3 to legal liability.

8. Platform License Grant

Subject to your compliance with these Terms, we grant to you a limited, non-exclusive, non-transferable, freely revocable license to use the Platform as described below and to view, download, and print content from the Platform, except as we may restrict or block at the request of our content providers or of our own initiative. You may not copy, translate, reproduce, perform, display, distribute, reverse engineer, or prepare derivative works from the content or the Platform except with our prior written permission or any third party holding the right to license such use, as applicable.

9. Content and Conduct

You should assume that everything that you read, see, or hear on the Platform, including all files, images, text, software, and data (collectively, the “M3Traffic Content”), is copyrighted or otherwise protected and owned by us or some third party who licensed to us the right to use and provide to you such M3Traffic Content. For the avoidance of any doubt, the M3Traffic Content includes but is not limited to any code that we use to generate or display the M3Traffic Content, the pages making up the Site, and any user interface on the Platform. Unless otherwise expressly noted, the M3Traffic Content may not be copied, used, modified, or adapted except as provided in these Terms or with our prior written approval.

As a user of Services, you may submit Content to the Service, including uploading, posting, emailing, transmitting or otherwise making Content available to M3, Third-Party Vendors, and/or other users of M3 including but not limited to work openings. You shall be solely responsible for your own Content and the consequences of submitting, providing, using, and/or otherwise publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to M3 all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these M3 Terms.

By submitting Content to M3, you hereby grant M3 a worldwide, non-exclusive, royalty-free, sublicenseable and transferable, irrevocable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and M3's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these M3 Terms.

You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant M3 all of the license rights granted herein.

You further agree that you will not submit to or through the Service any Content or other material that:

• Includes nudity or is sexually explicit, is in a manner that is libelous or defamatory, or in a way that is otherwise threatening, abusive, violent, harassing, malicious or harmful to any person or entity, or invasive of another’s privacy;

• Encourages others to do things that might cause bodily injury;

• Includes hateful content that promotes or condones violence against individuals or groups based on race or ethnic origin, religion, disability, gender, age, nationality, veteran status, or sexual orientation/gender identity, or whose primary purpose is to incite hatred;

• Spam, misleading metadata, and scams;

• Is unsolicited or unauthorized advertising, solicitations for business, promotional materials, spam, chain letters, or pyramid schemes;

• Contains software virus or other computer code designed to limit functionality of any computer software or hardware or that compromises a user’s privacy; and/or

• Contains any false or misleading information or any material that could damage or harm minors in any way.

M3 does not endorse any Content including any work opening submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and M3 expressly disclaims any and all liability in connection with Content. M3 reserves the right to remove Content without prior notice.

10. Your Overall Use of the Platform

You agree to use the Platform in a manner consistent with any and all applicable laws, rules, and regulations. Any unauthorized modification to, tampering with, or change to any information, or any interference with the availability of or access to the Platform is strictly prohibited. You will not hack into or otherwise gain unauthorized access to the Platform, our computer systems, or the computer systems of other users of the Platform. You will not engage in any data mining in connection with the Platform. You will not post false, inaccurate, misleading, defamatory, or libelous content in any manner. You will not distribute or post spam, unsolicited or bulk electronic communications, chain letters, or solicit participation in pyramid schemes. You will not distribute viruses or any other malicious technologies that may harm our interests or the interests of our users. You may not impersonate another person or misrepresent your affiliation with a third party. You may not use any robot, spider, scraper, or other automated means to access the Platform, any M3Traffic Content, or any User Content whatsoever for any purpose. You will use the Platform for lawful purposes only. You will not take any action that imposes an unreasonable or disproportionately large load on the Platform’s infrastructure. You will not forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. You will not reverse engineer or decompile any part of the Platform.

We reserve all rights and remedies available to us including reporting any breach or compromise of this Site to the relevant law enforcement authorities and cooperating with those authorities by disclosing your identity to them.

We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue the Platform. Additionally, we reserve the right to refuse or terminate our Services to anyone for any reason at our discretion, including but not limited to, failure to abide by these Terms.

11. Digital Millennium Copyright Act Compliance

If you are a copyright owner or an agent thereof, and you believe that any Content, User Content, or other material hosted on the Platform infringes your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing us with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail):

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Platform are covered by a single notification, a representative list of such works on the Platform;

• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

• Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

• We can receive notifications of claimed infringement at: Mitch Adams, 3940 w 2560 s unit 2, Rexburg, ID 83440. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.

12. Third Party Services.

With respect to third party services, M3 serves merely as a conduit through which you may purchase, license, or otherwise obtain their use. M3 makes no representations or warranties regarding any services provided by other third-party providers of software or services (“Third-Party Vendors”) or you may be a customer of services from other users of M3 (“Service Providers”). By using one of these Services, you agree that we may transfer the relevant data to or from the Third-Party Vendor and/or Service Provider. For the avoidance of doubt, the provisions of these Terms apply equally to those Services provided by Third-Party Vendors as well as the Services provided directly by M3 or those provided by a Service Provider. You also acknowledge that M3 may receive certain payments and/or rebates from Third-Party Vendors based on your use the Third-Party Vendors service and you hereby agree that M3 may keep all such payments and/or rebates with no accounting or share to you.

To access certain Services, you may be required to pay fees to Third-Party Vendors or Service Providers and accept their contractual terms and conditions. These fees and compliance with contractual terms are your and/or Third-Party Vendor’s or Service Provider’s responsibility. Terms and conditions on any transactional or project specific documents, including any statement of work, invoice, or similar documentation exchanged in connection with the Services shall not apply to or be binding on or applicable to M3. The Third-Party Vendor and/or Service Provider is solely responsible for its content, warranties, and claims that you may have, consistent with these Terms.

13. Links to Third Party Sites

Through the Platform, we may provide links to sites operated by Third-Party Vendors and/or Service Providers. Your use of and access to such sites is completely voluntary and in no way required by your use of this Platform. The linked sites are not under our control, and we are not responsible for the content of any linked site or subsequent links from that site, or for the security of any of your personal information that may be compromised through your use of or access to such sites. We may provide links only as a courtesy to our users, but such links do not (and will not) imply our endorsement of any linked site.

14. Linking to the Site

We do not object to you linking directly to the information that is hosted on the Platform, 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 where none exists. You may not establish a link to the Platform from any website that is not owned by you. The Platform must not be framed on any other site. We may withdraw linking permission without notice.

15. Disclaimer of Warranties

M3 and its licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns (M3 and all such parties together, the “M3 Parties”) make no representations or warranties concerning the Services, including without limitation regarding any Content contained in or accessed through the Services, and the M3 Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services or any claims, actions, suits procedures, costs, expenses, damages or liabilities arising out of use of, or in any way related to your participation in, the Services. The M3 Parties make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through or in connection with the Services.

THE PLATFORM IS PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, BY EITHER US OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION OR PRODUCTION OF THE PLATFORM, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO WARRANTY (I) THAT THE PLATFORM OR CONTENT IS ACCURATE, RELIABLE OR CORRECT; (II) THAT THE PLATFORM WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (III) THAT THE PLATFORM, THE CONTENT, OR DATA OF YOURS OR ABOUT YOU ARE SECURE; (IV) THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; (V) THAT THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (VI) THAT THE PLATFORM WILL BE COMPATIBLE WITH ANY HARDWARE OR SYSTEMS SOFTWARE CONFIGURATION; (VII) REGARDING THE INFORMATION OR CONTENT APPEARING ON THE PLATFORM; OR (VIII) THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS PROVIDED BY US.

16. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONA DAMAGES, WORK STOPPAGE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (WHETHER IN CONTRACT, NEGLIGENCE, TORT, OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH: (I) YOUR USE OF THE PLATFORM OR INABILITY TO USE THE PLATFORM; (II) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, EFFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE SYSTEM FAILURE, LOSS OF DATA, SECURITY BREACH, OR LOSS OF USE RELATED TO THE PLATFORM; (III) DAMAGE TO YOUR HARDWARE RESULTING FROM YOUR USE OF THE PLATFORM; (IV) THE ACTIONS OR INACTIONS OF THIRD PARTIES, INCLUDING THE INACCURACY OF ANY CONTENT OR MATERIAL SUCH PARTIES PROVIDE THROUGH THE PLATFORM AND (V) ANY MATTER BEYOND OUR REASONABLE CONTROL. IF YOU ARE DISSATISFIED WITH US, THE PLATFORM OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE PLATFORM. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR AGGREGATE LIABILITY FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED THE GREATER OF: (I) $100.00; OR (II) THE AMOUNTS PAID AND/OR PAYABLE BY YOU TO M3 IN CONNECTION WITH THE SERVICES IN THE THREE (3) MONTH PERIOD PRECEDING ANY APPLICABLE CLAIM.

17. Indemnification

You shall indemnify and defend us and our members, employees, contractors, officers, and directors from and against all liability, claims, losses, expenses (including reasonable attorneys’ fees) suits, or other proceedings, including third-party claims, whether threatened or filed, directly or indirectly, resulting from or based on a claim of or relating to, (a) any breach by you of any obligation, covenant, or representation contained in this Agreement, (b) a claim that any User Content or other material that you upload to or otherwise transfer via the Platform infringes any intellectual property or moral rights of a third party, (c) any claims brought against us arising from your use of the Platform, including but not limited to any claims of personal or financial injury by third parties related to the use of User Content or other material uploaded to or transferred via the Platform by you; (d) any actual or purported violation by you of applicable law, including without limitation the Fair Credit Reporting Act, 15 USC §1681 et seq., or, (e) your violation of these Terms.

18. Release

You agree that you are solely responsible for your interactions with other Users on the Platform. If you have a dispute with one or more Users of the Platform, you release us, our members, employees, contractors, officers, and directors from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. You acknowledge that we are not obligated in any way to become involved in any such disputes. You expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

19. Choice of Law; Venue; Waiver of Jury Trial

These Terms shall, for all domestic and international purposes, be governed, interpreted, construed, and enforced solely and exclusively in accordance with the laws of the State of Utah, U.S.A., without regard to conflicts of law provisions. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms or your use of the Platform shall be filed only in the courts located in Iron County, Utah, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. All actions or proceedings arising out of or relating to the Terms shall be venued exclusively in courts in Iron County, Utah. You waive any objection you may now or hereafter have with respect to venue or to convenience of such forum. However, we reserve our right to bring suit in any other appropriate jurisdiction. YOU IRREVOCABLY WAIVE YOUR RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING FOR ANY CLAIM, DISPUTE, OR CONTROVERSY THAT IN ANY WAY ARISES FROM OR RELATES TO THESE TERMS, THE SERVICES, THE PLATFORM, OR ANY CUSTOMER AGREEMENT AND IN WHICH YOU AND ME MARKETING DBA M3TRAFFIC ARE ADVERSE PARTIES.

20. Integration and Severability

Unless you have signed a separate Customer Service Agreement with us, the Terms constitute the entire agreement between you and us with respect to the Platform and supersede all prior or contemporaneous communications and proposals with respect to the Platform. If you have signed a Customer Service Agreement with us, the terms of that Agreement control to the extent there is any conflict with these Terms. If any provision of the Terms is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a provision that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable provision.

21. Waiver

Our failure at any time to require performance of any provision of these Terms (including the Policy, which is incorporated by reference) or to exercise any right provided for herein or by law shall not be deemed a waiver of such provision or such right. All waivers must be in writing and signed by our authorized representative. Unless the written waiver contains an express statement to the contrary, no waiver by us of any breach of any provision of the Terms or any right provided for herein or by law shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms.

22. Term and Termination

Your Service will commence upon your acceptance of these Terms and will continue on a month to month basis until cancellation by either you or M3 as provided herein.

We reserve the right, in our sole discretion and for any reason (including breach of these Terms), to terminate your access to all or part of the Platform, with or without notice.

You understand that your Account information will be deleted from our database upon Account termination. Such destruction will be accomplished in a manner consistent with legal requirements that may pertain to specific information contained in such information. Information may continue to be available for some period of time due to delays.

You may also request to terminate or pause your access to the platform and services with 30 days written notice.

Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.

23. Assignment

You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without M3’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

24. Attorney’s Fees

In the event M3 seeks legal action against you for collection of any Fees or to enforce its rights and your obligations under these Terms, M3 is entitled to recover from you its reasonable costs and expenses including, but not limited to, reasonable attorneys’ fees incurred as a result.

25. Seeking of Legal Advice

M3 does not provide legal advice through use of the Services. We recommend that you seek out your own legal advice regarding the Services and in reviewing these Terms.

26. Business Conducted Electronically

You agree to conduct business with us electronically, and that except as otherwise specifically provided herein, an electronic signature on any agreements or other communications required or permitted to be given hereunder, or pursuant or relating to any service, shall have the same force and effect as the use of manual signatures.

27. Confidentiality

You shall hold and maintain as strictly confidential, and protect from disclosure to any third-party, the terms of any customer agreement between you and us, including without limitation, the use charges, website functionality, integrated partners, third-party providers, applicable thereunder. You shall not disclose, reproduce, or use for competitive purposes any information regarding our pricing, recruiting methodologies, AMP/ALIS frameworks, or internal systems.