When registering with DIGIBOOKPORTFOLIOS.COM you are agreeing to and are bound by the Privacy Policy and Terms and Conditions outlined. If you do not elect to be bound by this policy, do not register or provide DIGIBOOKPORTFOLIOS.COM with any personal information via this website or otherwise. If you do not accept the Privacy Policy and Terms and Conditions, you will not be allowed to register and use the services of DIGIBOOKPORTFOLIOS.COM.

IF YOU DO NOT ACCEPT THIS PRIVACY POLICY AND TERMS AND CONDITIONS, PLEASE IMMEDIATELY DISCONTINUE USING THIS WEBSITE AND, AS STATED ABOVE, DO NOT PROVIDE ANY PERSONAL INFORMATION TO DIGIBOOKPORTFOLIOS.COM.

Nothing is more important to us than protecting the privacy of our clients. This Privacy Policy tells you how we collect information from you, what we disclose, how we use it and otherwise maintain such information. By providing personal information to DIGIBOOKPORTFOLIOS.COM via the website or otherwise, you consent to the collection, use and disclosure of your personal information as set out below.

In this Privacy Policy, we refer to the DIGIBOOKPORTFOLIOS.COM website as the “Website”. Use of the website is subject to DIGIBOOKPORTFOLIOS.COM’s Terms and Conditions. This Privacy Policy is incorporated into the Website Terms and Conditions and should therefore be read with the Terms and Conditions to fully understand your rights and obligations and the rights and obligations of DIGIBOOKPORTFOLIOS.COM.

BY USING THE WEBSITE OR BY OTHERWISE PROVIDING DIGIBOOKPORTFOLIOS.COM YOUR PERSONAL INFORMATION, YOU AGREE TO BE BOUND BY THIS PRIVACY POLICY. IF YOU DO NOT WISH TO BE BOUND BY THE PRIVACY POLICY, DO NOT PROVIDE ANY PERSONAL INFORMATION TO DIGIBOOKPORTFOLIOS.COM WHETHER VIA THE WEBSITE OR OTHERWISE.

DIGIBOOKPORTFOLIOS.COM MAKES NO WARRANTY OF ANY KIND OR NATURE AS THE RELIABILITY, ACCURACY, OR TRUTHFULNESS OF ANY CONTACT INFORMATION SUPPLIED AND DISCLOSED THROUGH THIS WEBSITE AND THROUGH ANY ADVERTISEMENTS OR DIGIBOOKPORTFOLIOS.COM, INCLUDING, WITHOUT LIMITATION. ANY EXPRESS WARRANTIES BY LANGUAGE, STATEMENT, AFFIRMATION, DESCRIPTION AND SAMPLE, AND ANY IMPLIED WARRANTY OF MERCHANTABILITY, AND USAGE OF TRADE, FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTY OR ANY KIND OR NATURE.

DIGIBOOKPORTFOLIOS.COM collects only that information that is needed to allow you access to DIGIBOOKPORTFOLIOS.COM services. We may collect this information via this website, over the phone, or through other sources. The collection of information is completely voluntary. You have complete choice whether or not to provide DIGIBOOKPORTFOLIOS.COM with your personal information.

You are solely responsible for the rights and permissions of any copyrighted material presented in your portfolio. DIGIBOOKPORTFOLIOS.COM takes no responsibility for any copyrighted materials that may be presented, displayed or implied.

We require customers who register to use the services offered on our Site (collectively, the "Service") to give us contact information, such as their name, company name, address, phone number, and e-mail address, and financial qualification and billing information, such as billing name and address and credit card number. At the time you express interest in attaining additional information, or when you register for the Service, we may also ask for additional personal information, such as title, department name, fax number, or additional company information. Customers can opt out of providing this additional information by not entering it when asked. Customers can update or remove their personal information at any time by logging into the Website and editing their Personal Information within Setup. Customers can view their updated profile to confirm their edits have been made.

DIGIBOOKPORTFOLIOS.COM uses the information that we collect to set up the Service for individuals. We may also use the information to contact customers to further discuss customer interest in our company, the Service that we provide, and to send information regarding our company or partners, such as promotions and events. Customers are invited to receive an email newsletter by providing an email address. Customer email addresses and any personal customer information will not be distributed or shared with third parties. Customers can opt out of being contacted by us, or receiving such information from us, at any time by sending an email to customerservice@DIGIBOOKPORTFOLIOS.COM. Separately, customers are also asked to provide an email address when registering for the Service, in order to receive a username and password. We may also email information regarding updates to the Service or company. Again, email will not be distributed or shared and customers can opt out of receiving any communication by emailing customerservice@DIGIBOOKPORTFOLIOS.COM at the time it is distributed, or at the time any customer registers for the Service.

Customers of the Service will be using the Site to host data and information ("Data"). DIGIBOOKPORTFOLIOS.COM will not review, share, distribute, print, or reference any such Data except as provided in the DIGIBOOKPORTFOLIOS.COM Master Subscription Agreement, or as may be required by law. Individual records may at times be viewed or accessed only for the purpose of resolving a problem, support issue, or suspected violation of the Master Subscription Agreement, or as may be required by law. Of course, customers are responsible for maintaining the confidentiality and security of their user registration and password.

DIGIBOOKPORTFOLIOS.COM may also collect certain information from visitors to and customers of the Site, such as Internet addresses. This information is logged to help diagnose technical problems, and to administer our Site in order to constantly improve the quality of the Service. We may also track and analyze non-identifying and aggregate usage and volume statistical information from our visitors and customers and provide such information to third parties.

DIGIBOOKPORTFOLIOS.COM collects personal information through a variety of methods, including via the Website, over the phone, direct mail or otherwise. In all instances, however, such collection shall be completely voluntary and at your discretion. It is always your choice whether or not to provide DIGIBOOKPORFOLIOS.COM your personal information.

There are four types of information that DIGIBOOKPORTFOLIOS.COM collects about you:

A. Personal Registration Information We collect the contact information you supply when you register or sign up for one of DIGIBOOKPORTFOLIOS.COM’s services, including your name, address, phone, fax or e-mail address and the password you select. This information, which we refer to as "Personal Registration Information", may be edited by you at any time, either using your password or contacting a DIGIBOOKPORTFOLIOS.COM customer representative at customerservice@DIGIBOOKPORTFOLIOS.COM. If you do not wish to modify your personal information over the Internet, you may contact one of our customer service representatives at the number listed at the bottom of this Privacy Policy.

B. Limited Access Information We collect information such as nature of your profession, duration you've been in the profession, personal preferences. We use this information to be able to provide you with better, more enhanced services. Specifically, we use this additional information with our proprietary search software with the goal of increasing the opportunities to match your profile with others. This information, which we refer to as Limited Access Information, is accessible only to you and the people who you give permission to access your files.

C. Publicly Posted Information We collect the information you post or want to be publicly viewable, such as your online portfolio on DIGIBOOKPORTFOLIOS.COM. We refer to this information as Publicly Posted Information, and it is accessible by anyone with Internet access.

D. Cookies and Tracking Information DIGIBOOKPORTFOLIOS.COM uses "cookies" to personalize your experience on our Website. Cookies are small data files that contain information about you, that are stored on your hard drive when you visit certain websites. Many popular websites use cookies to store your preferences on a particular site. Cookies collect information such as your browser type, time and length of your visit. Our use of your personal information largely depends on the use of cookies. You can reset your browser to refuse all cookies or indicate when a cookie is being sent. Note that if you refuse cookies, you may be unable to use certain services in the Website.

When you interact with the DIGIBOOKPORTFOLIOS.COM Website we strive to make that experience easy and meaningful. When you come to our Website, our Web server sends a cookie to your computer. Cookies are files that Web browsers place on a computer's hard drive and are used to tell us whether customers and visitors have visited the Site previously.

Standing alone, cookies do not identify you personally. They merely recognize your browser. Unless you choose to identify yourself to DIGIBOOKPORTFOLIOS.COM, either by responding to a promotional offer, opening an account, or registering for a 30-day trial, you remain anonymous to DIGIBOOKPORTFOLIOS.COM. Cookies come in two varieties: session and persistent-based. Session cookies exist only during an online session. They disappear from your computer when you close your browser software or turn off your computer. Persistent cookies remain on your computer after you've closed your browser or turned off your computer. They include such information as a unique identifier for your browser.

DIGIBOOKPORTFOLIOS.COM uses session cookies containing encrypted information to allow the system to uniquely identify you while you are logged in. This information allows DIGIBOOKPORTFOLIOS.COM to process your online transactions and requests. Session cookies help us make sure you are who you say you are after you've logged in and are required in order to use the DIGIBOOKPORTFOLIOS.COM application. DIGIBOOKPORTFOLIOS.COM uses persistent cookies, that only DIGIBOOKPORTFOLIOS.COM can read and use, to identify the fact that you are a DIGIBOOKPORTFOLIOS.COM customer or prior DIGIBOOKPORTFOLIOS.COM. Website visitor (whatever the case may be). We are especially careful about the security and confidentiality of the information stored in persistent cookies. For example, we do not store account numbers or passwords in persistent cookies. Users who disable their Web browsers' ability to accept cookies will be able to browse our Website but will not be able to successfully use our Service.

Third Party Cookies: We may from time to time engage third parties to track and analyze non-personally identifiable usage and volume statistical information from visitors to our website to help us administer our website and improve its quality. Such third parties may use cookies to help track visitor behavior. Such cookies will not be used to associate individual website visitors to any personally identifiable information. All data collected by such third parties on behalf of DIGIBOOKPORTFOLIOS.COM is used only to provide us with information on site usage and is not shared with any other third parties.

Your personal information will be used only to, among other reasons, provide you the services you have requested, improve the content on our Website, help us serve your needs and requests better, and generally support your use of the Website. Without limiting the foregoing, personal information collected on the Website or through other voluntary means may be used by DIGIBOOKPORTFOLIOS.COM, in following ways:

• to specify unique preferences and to provide personalized content;
• to track user trends and patterns;
• expand our online directories or contact you regarding future DIGIBOOKPORTFOLIOS.COM and third party products and services;
• to communicate special offers and featured items to you including notices pertaining to future DIGIBOOKPORTFOLIOS.COM and third party products and services;
• to respond to your customer service inquires or requests;
• provide you with certain information about products or services, from us or third parties, we think may interest you.
• to inform you of upcoming events, promotions, and developments with respect to membership information, including changes to our Service Fees; and
• to enhance website operation and efficiency.

DIGIBOOKPORTFOLIOS.COM will not sell or otherwise transfer your personal information to unaffiliated third parties other than in accordance with this Privacy Policy. If you do not want the information you provide to DIGIBOOKPORTFOLIOS.COM used in the above noted manner, you can indicate this preference to our customer service representatives at customerservice@DIGIBOOKPORTFOLIOS.COM or by calling our customer service number which is noted at the bottom of this Privacy Policy. Please note, however, depending on what you wish to opt-out from, may impact on our ability to provide you the services you are requesting.

DIGIBOOKPORTFOLIOS.COM reserves the right to provide aggregate data to third parties for statistical analysis. Such data will not be linked to any particular individuals. In addition, we also reserve the right to disclose your personal information if such disclosure is made pursuant to a legal proceeding or is required by law.

We will only keep your personal information for as long as it remains necessary or relevant for the purposes stated above or as otherwise required by law.

From time to time, we conduct statistical analyses of the collective behavior and characteristics of our users to measure interest in and use of DIGIBOOKPORTFOLIOS.COM’s services. We sometimes provide our advertisers with this statistical information, such as the number of users that have been exposed to or clicked on their advertising banners. However, we only provide aggregated data from these analyses to third parties, we do not provide personal data characteristics such as your name, address or phone number or any other information, which can identify you as an individual.

DIGIBOOKPORTFOLIOS.COM permits third parties to offer their services to visitors of our Website through advertisements. DIGIBOOKPORTFOLIOS.COM is not responsible for the actions or policies of our advertisers or other third parties; therefore, we recommend that you verify the applicable privacy practices of any other website or third party before you provide them with your personal information.

Outside companies advertise on DIGIBOOKPORTFOLIOS.COM using banner advertisements. When you click on these ads to visit an advertiser's website, you may be given a cookie. While we use cookies in other parts of our Website (this use is described in more detail above), only the companies advertising on our Website collect the cookies you may receive with the banner ads. We do not have access to or control over our advertisers' cookies or data collection practices.

Your Personal Registration Information (the information you supply when you register or sign up for one of DIGIBOOKPORTFOLIOS.COM’s services) is password-protected so that only you and DIGIBOOKPORTFOLIOS.COM have access to this information. Your Limited Access Information is accessible only to you and the people who you give permission to access your files. Your Publicly Posted Information is available to anyone with Internet access. Your Cookie and Tracking Information is used by us for internal purposes only to provide you with personalized service.

Unfortunately, no data transmission over the Internet can be guaranteed to be 100 percent secure. As a result, while we strive to protect your personal information, DIGIBOOKPORTFOLIOS.COM cannot ensure or warrant the security of any information that you transmit to us through our Website or that you download from our online products or services on our Website, and you do so at your own risk. Once we receive your transmission, we use commercially reasonable efforts to ensure its security on our systems. Your personal information resides on a secure server that only authorized DIGIBOOKPORTFOLIOS.COM personnel and contractors have access to via password.

Please note that there are several places on the Website where you can transmit credit card information in order to complete a purchase transaction. We have taken steps to ensure that credit card and other financial information remains well protected. Any time we ask for a credit card number, we transmit that credit card number in an encrypted format. We use industry-standard, SSL (secure socket layer) encryption.

At your request, DIGIBOOKPORTFOLIOS.COM will provide you with access to the personal information we may have on file about you and to allow you to update and/or correct personal information to the extent such information is inaccurate.

To notify us of changes to your personal information, to request that information about you is deleted or deactivated from our records, or to withdraw your consent for the collection and/or use of your personal information please e-mail us at customerservice@DIGIBOOKPORTFOLIOS.COM or call us at the customer service number located at the bottom of this Privacy Policy.

DIGIBOOKPORTFOLIOS.COM reserves the right to make changes, modifications, additions or deletions to this Privacy Policy at any time. DIGIBOOKPORTFOLIOS.COM will make reasonable efforts to notify you of such modifications by email to the address listed by the registered user, posting a notice that modifications have been made on the top or this page or on DIGIBOOKPORTFOLIOS.COM home page, or other means that DIGIBOOKPORTFOLIOS.COM believes is reasonable in the circumstances. You acknowledge and agree that it is your responsibility to maintain a valid e-mail address as a registered user and to review this Privacy Policy periodically to be aware of any modifications. Your continued use of DIGIBOOKPORTFOLIOS.COM after such modifications constitutes your acknowledgement of the modified Privacy Policy, and agreement to abide and be bound by the modified Privacy Policy.

Our Site has security measures in place to help protect against the loss, misuse, and alteration of the Data under our control. When our Site is accessed using Netscape Navigator, or Microsoft Internet Explorer versions 5.5 or higher, Secure Socket Layer (SSL) technology protects information using both server authentication and data encryption to help ensure that Data is safe, secure, and available only to you. DIGIBOOKPORTFOLIOS.COM also implements an advanced security method based on dynamic data and encoded session identifications, and hosts the Site in a secure server environment that uses a firewall and other advanced technology to prevent interference or access from outside intruders. Finally, DIGIBOOKPORTFOLIOS.COM provides unique user names and passwords that must be entered each time a customer logs on. These safeguards help prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of Data.

If you have any questions, comments, concerns or require more information about this Privacy Policy or the personal information practices of DIGIBOOKPORTFOLIOS.COM, please direct your inquiry to the attention of our customer service department at: customerservice@DIGIBOOKPORTFOLIOS.COM or by regular mail addressed to DIGIBOOKPORTFOLIOS.COM, Attn: Administrator, 4715 North Racine Avenue, B303, Chicago, IL 60640. 312-423-7885. DIGIBOOKPORTFOLIOS.COM will respond to your correction or update request within at most 30 days from the date of your request.

DIGIBOOKPORTFOLIOS.COM is a website business unit of DIGIBOOK, INC., LLC.

As part of the Service, DIGIBOOK, INC., LLC will provide you with use of the Service, including a browser interface and data encryption, transmission, access and storage. Your registration for, or use of, the Service shall be deemed to be your agreement to abide by this Agreement including any materials available on the DIGIBOOKPORTFOLIOS.COM website incorporated by reference herein, including but not limited to DIGIBOOK, INC., LLC's Privacy Policies and Terms and Conditions policies. For reference, a Definitions section is included at the end of this Agreement.

1. Privacy & Security; Disclosure

DIGIBOOKPORTFOLIOS.COM Privacy Policies and Terms and Conditions policies may be viewed at http://www.digibookportfolios.com. DIGIBOOKPORTFOLIOS.COM reserves the right to modify its privacy and security policies in its reasonable discretion from time to time. Individual Users, when they initially log in, will be asked whether or not they wish to receive marketing and other non-critical Service-related communications from DIGIBOOKPORTFOLIOS.COM from time to time. They may opt out of receiving such communications at that time or at any subsequent time by changing their preference under User Preferences. Note that because the Service is a hosted, online application, DIGIBOOKPORTFOLIOS.COM occasionally may need to notify all users of the Service (whether or not they have opted out as described above) of important announcements regarding the operation of the Service. If you become a paying customer of the Service, you agree that DIGIBOOKPORTFOLIOS.COM can disclose the fact that you are a paying customer and the edition of the Service that you are using.

2. License Grant & Restrictions

DIGIBOOKPORTFOLIOS.COM hereby grants you a non-exclusive, non-transferable, worldwide right to use the Service, solely for your own internal business purposes, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by DIGIBOOKPORTFOLIOS.COM and its licensors. You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Content in any way; (ii) modify or make derivative works based upon the Service or the Content; (iii) create Internet "links" to the Service or "frame" or "mirror" any Content on any other server or wireless or Internet-based device; or (iv) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, or (c) copy any ideas, features, functions or graphics of the Service. User licenses cannot be shared or used by more than one individual User but may be reassigned from time to time to new Users who are replacing former Users who have terminated employment or otherwise changed job status or function and no longer use the Service. You may use the Service only for your internal business purposes and shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (v) attempt to gain unauthorized access to the Service or its related systems or networks.

3. Account Information and Data

DIGIBOOKPORTFOLIOS.COM does not own any data, information or material that you submit to the Service in the course of using the Service ("Customer Data"). You, not DIGIBOOKPORTFOLIOS.COM, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Customer Data, and DIGIBOOKPORTFOLIOS.COM shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customer Data. In the event this Agreement is terminated (other than by reason of your breach), DIGIBOOKPORTFOLIOS.COM will make available to you a file of the Customer Data within 30 days of termination if you so request at the time of termination. DIGIBOOKPORTFOLIOS.COM reserves the right to withhold, remove and/or discard Customer Data without notice for any breach, including, without limitation, your non-payment. Upon termination for cause, your right to access or use Customer Data immediately ceases, and DIGIBOOKPORTFOLIOS.COM shall have no obligation to maintain or forward any Customer Data.

4. Intellectual Property Ownership

DIGIBOOKPORTFOLIOS.COM alone (and its licensors, where applicable) shall own all right, title and interest, including all related Intellectual Property Rights, in and to the DIGIBOOKPORTFOLIOS.COM Technology, the Content and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Service, the DIGIBOOKPORTFOLIOS.COM Technology or the Intellectual Property Rights owned by DIGIBOOKPORTFOLIOS.COM. The DIGIBOOKPORTFOLIOS.COM name, the DIGIBOOKPORTFOLIOS.COM logo, and the product names associated with the Service are trademarks of DIGIBOOKPORTFOLIOS.COM or third parties, and no right or license is granted to use them.

5. Third Party Interactions

During use of the Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or sponsors showing their goods and/or services through the Service. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. DIGIBOOKPORTFOLIOS.COM and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party. DIGIBOOKPORTFOLIOS.COM does not endorse any sites on the Internet that are linked through the Service. DIGIBOOKPORTFOLIOS.COM provides these links to you only as a matter of convenience, and in no event shall DIGIBOOKPORTFOLIOS.COM or its licensors be responsible for any content, products, or other materials on or available from such sites. DIGIBOOKPORTFOLIOS.COM provides the Service to you pursuant to the terms and conditions of this Agreement. You recognize, however, that certain third-party providers of ancillary software, hardware or services may require your agreement to additional or different license or other terms prior to your use of or access to such software, hardware or services.

6. Charges and Payment of Fees

You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. The initial charges will be equal to the current number of total User licenses requested times the User license fee currently in effect. Payments may be made annually, monthly, or quarterly, consistent with the Initial Term, or as otherwise mutually agreed upon. You are responsible for paying for all User licenses ordered for the entire License Term, whether or not such User licenses are actively used. You must provide DIGIBOOKPORTFOLIOS.COM with valid credit card or approved purchase order information as a condition to signing up for the Service. An authorized Corporate Administrator may add licenses by adding additional users to the system through the User Management page. Added licenses will be subject to the following: (i) added licenses will be coterminous with the preexisting License Term (either Initial Term or renewal term); (ii) the license fee for the added licenses will be the then current, generally applicable license fee; and (iii) licenses added in the middle of a billing month will be charged in full for that billing month. DIGIBOOKPORTFOLIOS.COM reserves the right to modify its fees and charges and to introduce new charges at any time, upon at least 30 days prior notice to you, which notice may be provided by e-mail. All pricing terms are confidential, and you agree not to disclose them to any third party.

7. Excess Data Storage Fees

The maximum disk storage space provided to you at no additional charge is outlined within the Initial Term document. If the amount of disk storage required exceeds these limits, you will be charged according to the terms provided within the Initial Term document. DIGIBOOKPORTFOLIOS.COM will use reasonable efforts to notify you when the storage reaches approximately 90% of the maximum space allowed; however, any failure by DIGIBOOKPORTFOLIOS.COM to so notify you shall not affect your responsibility for such additional storage charges. DIGIBOOKPORTFOLIOS.COM reserves the right to establish or modify its general practices and limits relating to storage of Customer Data.

8. Billing and Renewal

DIGIBOOKPORTFOLIOS.COM charges and collects in advance for the Service provided to Monthly User Accounts. DIGIBOOKPORTFOLIOS.COM will automatically renew and bill your credit card or issue an invoice to you based on mutually agreed upon Terms within the Initial Term document. The renewal charge will be equal to the then-current number of total User licenses times the license fee in effect during the prior term, unless DIGIBOOKPORTFOLIOS.COM has given you at least 30 days prior written notice of a fee increase, which shall be effective upon renewal and thereafter. Fees for other services will be charged on an as-quoted basis. DIGIBOOKPORTFOLIOS.COM’s fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes based solely on DIGIBOOKPORTFOLIOS.COM's income. You agree to provide DIGIBOOKPORTFOLIOS.COM with complete and accurate billing and contact information. This information includes your legal company name, street address, e-mail address, and name and telephone number of an authorized billing contact and License Administrator. You agree to update this information within 30 days of any change to it. If the contact information you have provided is false or fraudulent, DIGIBOOKPORTFOLIOS.COM reserves the right to terminate your access to the Service in addition to any other legal remedies. Unless DIGIBOOKPORTFOLIOS.COM in its discretion determines otherwise: (i) entities with headquarters and a majority of users resident in the United States will be billed in U.S. dollars and subject to U.S. payment terms and pricing schemes ("U.S. Customers"); (ii) entities with headquarters and a majority of users resident in Japan will be billed in Japanese yen and subject to Japanese payment terms and pricing schemes ("Japanese Customers"); and (iii) all other entities will be billed in U.S. dollars, Euros or local currency and be subject to either U.S. or non-U.S. payment terms and pricing schemes at the discretion of DIGIBOOKPORTFOLIOS.COM ("Non-U.S./Japan Customers"). If you believe your bill is incorrect, you must contact us in writing within 60 days of the invoice date of the invoice containing the amount in question to be eligible to receive an adjustment or credit.

9. Non-Payment and Suspension

In addition to any other rights granted to DIGIBOOKPORTFOLIOS.COM herein, DIGIBOOKPORTFOLIOS.COM reserves the right to suspend or terminate this Agreement and your access to the Service if your account becomes delinquent (falls into arrears). Delinquent invoices (accounts in arrears) are subject to interest of 1.0% per month on any outstanding balance, or the maximum permitted by law, whichever is less, plus all expenses of collection. Under the Monthly User model, you will continue to be charged for User licenses during any period of suspension. If you or DIGIBOOKPORTFOLIOS.COM initiates termination of this Agreement, you will be obligated to pay the balance due on your account computed in accordance with section 7: Charges and Payment of Fees. You agree that DIGIBOOKPORTFOLIOS.COM may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees. DIGIBOOKPORTFOLIOS.COM reserves the right to impose a reconnection fee in the event you are suspended and thereafter request access to the Service. You agree and acknowledge that DIGIBOOKPORTFOLIOS.COM has no obligation to retain Customer Data and that such Customer Data may be irretrievably deleted if your account is 30 days or more delinquent.

10. Termination upon Expiration

This Agreement commences on the Effective Date. The Initial Term will be as you elect during the online subscription process or as otherwise mutually agreed upon, commencing on the date you agree to pay for the Service by completing the online subscription form or otherwise. Upon the expiration of the Initial Term, this Agreement will automatically renew for successive renewal terms equal in duration to the Initial Term (or one year, if the Initial Term is greater than one year) at DIGIBOOKPORTFOLIOS.COM's then current fees. Either party may terminate this Agreement, effective only upon the expiration of the then current License Term, by notifying the other party in writing at least five (5) business days prior to the date of the invoice for the following term. In the case of free trials, notifications provided through the Service indicating the remaining number of days in the free trial shall constitute notice of termination. In the event this Agreement is terminated (other than by reason of your breach), DIGIBOOKPORTFOLIOS.COM will make available to you a file of the Customer Data within 30 days of termination if you so request at the time of termination. You agree and acknowledge that DIGIBOOKPORTFOLIOS.COM has no obligation to retain the Customer Data, and may delete such Customer Data, more than 30 days after termination.

11. Termination for Cause

Any breach of your payment obligations or unauthorized use of the DIGIBOOKPORTFOLIOS.COM Technology or Service will be deemed a material breach of this Agreement. DIGIBOOKPORTFOLIOS.COM, in its sole discretion, may terminate your password, account or use of the Service if you breach or otherwise fail to comply with this Agreement. In addition, DIGIBOOKPORTFOLIOS.COM may terminate a free account at any time in its sole discretion. You agree and acknowledge that DIGIBOOKPORTFOLIOS.COM has no obligation to retain the Customer Data, and may delete such Customer Data, if you have materially breached this Agreement, including but not limited to failure to pay outstanding fees, and such breach has not been cured within 30 days of notice of such breach.

12. Representations & Warranties

Each party represents and warrants that it has the legal power and authority to enter into this Agreement. DIGIBOOKPORTFOLIOS.COM represents and warrants that it will provide the Service in a manner consistent with general industry standards reasonably applicable to the provision thereof and that the Service will perform substantially in accordance with the online DIGIBOOKPORTFOLIOS.COM help documentation under normal use and circumstances. You represent and warrant that you have not falsely identified yourself nor provided any false information to gain access to the Service and that your billing information is correct.

13. Mutual Indemnification

You shall indemnify and hold DIGIBOOKPORTFOLIOS.COM, its licensors and each such party's parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (i) a claim alleging that use of the Customer Data infringes the rights of, or has caused harm to, a third party; (ii) a claim, which if true, would constitute a violation by you of your representations and warranties; or (iii) a claim arising from the breach by you or your Users of this Agreement, provided in any such case that DIGIBOOKPORTFOLIOS.COM (a) gives written notice of the claim promptly to you; (b) gives you sole control of the defense and settlement of the claim (provided that you may not settle or defend any claim unless you unconditionally release DIGIBOOKPORTFOLIOS.COM of all liability and such settlement does not affect DIGIBOOKPORTFOLIOS.COM’s business or Service); (c) provides to you all available information and assistance; and (d) has not compromised or settled such claim. DIGIBOOKPORTFOLIOS.COM shall indemnify and hold you and your parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (i) a claim alleging that the Service directly infringes a copyright, a U.S. patent issued as of the Effective Date, or a trademark of a third party; (ii) a claim, which if true, would constitute a violation by DIGIBOOKPORTFOLIOS.COM of its representations or warranties; or (iii) a claim arising from breach of this Agreement by DIGIBOOKPORTFOLIOS.COM; provided that you (a) promptly give written notice of the claim to DIGIBOOKPORTFOLIOS.COM; (b) give DIGIBOOKPORTFOLIOS.COM sole control of the defense and settlement of the claim (provided that DIGIBOOKPORTFOLIOS.COM may not settle or defend any claim unless it unconditionally releases you of all liability); (c) provide to DIGIBOOKPORTFOLIOS.COM all available information and assistance; and (d) have not compromised or settled such claim. DIGIBOOKPORTFOLIOS.COM shall have no indemnification obligation, and you shall indemnify DIGIBOOKPORTFOLIOS.COM pursuant to this Agreement, for claims arising from any infringement arising from the combination of the Service with any of your products, service, hardware or business process(s).

14. Disclaimer of Warranties

DIGIBOOKPORTFOLIOS.COM AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CONTENT. DIGIBOOKPORTFOLIOS.COM AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY DIGIBOOKPORTFOLIOS.COM AND ITS LICENSORS.

15. Internet Delays

DIGIBOOKPORTFOLIOS.COM’S SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. DIGIBOOKPORTFOLIOS.COM IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.

16. Limitation of Liability

IN NO EVENT SHALL EITHER PARTY'S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL EITHER PARTY AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SERVICE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH PARTY'S LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

17. Additional Rights

Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth above may not apply to you.

18. Local Laws and Export Control

This site provides services and uses software and technology that may be subject to United States export controls administered by the U.S. Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, and other U.S. agencies and the export control regulations of Switzerland and the European Union. The user of this site ("User") acknowledges and agrees that the site shall not be used, and none of the underlying information, software, or technology may be transferred or otherwise exported or re-exported to countries as to which the United States, Switzerland and/or the European Union maintains an embargo (collectively, "Embargoed Countries"), or to or by a national or resident thereof, or any person or entity on the U.S. Department of Treasury's List of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders (collectively, "Designated Nationals"). The lists of Embargoed Countries and Designated Nationals are subject to change without notice. By using the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of an Embargoed Country or Designated National. You agree to comply strictly with all U.S., Swiss and European Union export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required. This site may use encryption technology that is subject to licensing requirements under the U.S. Export Administration Regulations, 15 C.F.R. Parts 730-774 and Council Regulation (EC) No. 1334/2000. DIGIBOOKPORTFOLIOS.COM and its licensors make no representation that the Service is appropriate or available for use in other locations. If you use the Service from outside the United States of America, Switzerland and/or the European Union, you are solely responsible for compliance with all applicable laws, including without limitation export and import regulations of other countries. Any diversion of the Content contrary to United States, Swiss or European Union (including European Union Member States) law is prohibited. None of the Content, nor any information acquired through the use of the Service, is or will be used for nuclear activities, chemical or biological weapons, or missile projects, unless specifically authorized by the United States government or appropriate European body for such purposes.

19. Notice

DIGIBOOKPORTFOLIOS.COM may give notice by means of a general notice on the Service, electronic mail to your e-mail address on record in DIGIBOOKPORTFOLIOS.COM's account information, or by written communication sent by first class mail or pre-paid post to your address on record in DIGIBOOKPORTFOLIOS.COM's account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to DIGIBOOKPORTFOLIOS.COM (such notice shall be deemed given when received by DIGIBOOKPORTFOLIOS.COM) at any time by any of the following: letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to DIGIBOOKPORTFOLIOS.COM at the following address: DIGIBOOK PORTFOLIOS, 4715 North Racine Ave #B303, Chicago, IL 60640 addressed to the attention of: Chief Financial Officer.

20. Modification to Terms

DIGIBOOKPORTFOLIOS.COM reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service at any time, effective upon posting of an updated version of this Agreement on the Service. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes.

21. Assignment; Change in Control

This Agreement may not be assigned by you without the prior written approval of DIGIBOOKPORTFOLIOS.COM but may be assigned without your consent by DIGIBOOKPORTFOLIOS.COM to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger. purported assignment in violation of this section shall be void. Any actual or proposed change in control of you that results or would result in a direct competitor of DIGIBOOKPORTFOLIOS.COM directly or indirectly owning or controlling 50% or more of you shall entitle DIGIBOOKPORTFOLIOS.COM to terminate this Agreement for cause immediately upon written notice.

22. General

With respect to U.S. Customers, this Agreement shall be governed by Illinois law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in Chicago, Illinois. With respect to Non-U.S./Japan Customers, this Agreement shall be governed by the laws of Switzerland, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Service shall be subject to the exclusive jurisdiction of the courts of Switzerland. Unless otherwise provided by DIGIBOOKPORTFOLIOS.COM in its discretion. No text or information set forth on any other purchase order, preprinted form or document (other than an Order Form, if applicable) shall add to or vary the terms and conditions of this Agreement. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between you and DIGIBOOKPORTFOLIOS.COM as a result of this Agreement or use of the Service. The failure of DIGIBOOKPORTFOLIOS.COM to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by DIGIBOOKPORTFOLIOS.COM in writing. This Agreement, together with any applicable Order Form, comprises the entire agreement between you and DIGIBOOKPORTFOLIOS.COM and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.

23. Definitions

As used in this Agreement and in any Order Forms now or hereafter associated herewith: "Agreement" means these online terms of use, any Order Forms and any materials available on the DIGIBOOKPORTFOLIOS.COM website specifically incorporated by reference herein, as such materials, including the terms of this Agreement, may be updated by DIGIBOOKPORTFOLIOS.COM from time to time in its sole discretion; "Content" means the audio and visual information, documents, software, products and services contained or made available to you in the course of using the Service; "Customer Data" means any data, information or material provided or submitted by you to the Service in the course of using the Service; "Effective Date" means the earlier of either the date this Agreement is accepted by selecting the "I Accept" option presented on the screen after this Agreement is displayed or the date you begin using the Service; "Initial Term" means the initial period during which you are obligated to pay for the Service equal to the billing frequency selected by you during the subscription process (e.g., if the billing frequency is quarterly, the Initial Term is the first quarter); "Intellectual Property Rights" means unpatented inventions, patent applications, patents, design rights, copyrights, trademarks, service marks, trade names, domain name rights, mask work rights, know-how and other trade secret rights, and all other intellectual property rights, derivatives thereof, and forms of protection of a similar nature anywhere in the world; "License Administrator(s)" means those Users designated by you who are authorized to purchase licenses online and to create User accounts and otherwise administer your use of the Service; "License Term(s)" means the period(s) during which a specified number of Users are licensed to use the Service pursuant to the Order Form(s); "Order Form(s)" means the form evidencing the initial subscription for the Service and any subsequent order forms submitted online or in written form, specifying, among other things, the number of licenses and other services contracted for, the applicable fees, the billing period, and other charges as agreed to between the parties, each such Order Form to be incorporated into and to become a part of this Agreement (in the event of any conflict between the terms of this Agreement and the terms of any such Order Form, the terms of this Agreement shall prevail); "User Preferences" means DIGIBOOKPORTFOLIOS.COM's online application that allows the License Administrator designated by you to, among other things, add additional Users to the Service; identifications and passwords by you (or by DIGIBOOKPORTFOLIOS.COM at your request). Service means the online applications branded under DIGIBOOKPORTFOLIOS.COM and other DIGIBOOKPORTFOLIOS.COM branded or customized versions of the online applications (collectively referred to as the "Service"); Individual User(s) means a single person using the Service in any way; User(s) means a person or group of persons using the Service in any way; DIGIBOOKPORTFOLIOS.COM's Technology means the Intellectual Property developed to provide the Service; Corporate Administrator means the User authorized by the Company to add, delete and edit User accounts; User Management is a webpage that enables Corporate Administrators to manage Users accounts; Monthly User Account(s) means those Users who pay for the Service on a per User per month basis, pursuant to the Order Form(s);