Terms of Service

1. Definitions

2. My CRM LLC's Role

My CRM LLC is an independent channel partner, sales intermediary, commercial reseller, and account-support provider for selected third-party Providers of Record.

Unless a Service Order expressly and accurately states otherwise:

1. My CRM LLC does not own or operate the Provider of Record's telecommunications or broadband network;
2. My CRM LLC is not the Provider of Record for the underlying internet, broadband, telephone, or VoIP service;
3. the Provider of Record supplies and maintains the Provider Services;
4. the Provider of Record retains technical and operational control over its network, facilities, service availability, installation, maintenance, routing, telephone numbers, emergency-calling functionality, and network-management practices;
5. My CRM LLC assists Customer in selecting, ordering, activating, coordinating, and supporting Provider Services;
6. My CRM LLC may receive commissions, residual compensation, sales incentives, or other compensation from a Provider of Record;
7. My CRM LLC does not have authority to modify, waive, or override Provider Terms unless the Provider of Record has expressly authorized My CRM LLC to do so in writing; and
8. My CRM LLC does not guarantee that a Provider of Record will accept an order, approve Customer's credit, install a service, meet an estimated activation date, or continue offering a particular plan.

The commercial use of the term "reseller" does not mean that My CRM LLC owns or controls the Provider of Record's network.

3. Relationship with the Provider of Record

Customer acknowledges that Provider Services are governed by the applicable Provider Terms.

Depending on the Provider of Record and the selected service:

1. Customer may enter into a separate agreement directly with the Provider of Record;
2. the Provider of Record may require Customer to accept its terms directly;
3. the Provider of Record may conduct a credit check or require a deposit;
4. the Provider of Record may bill Customer directly;
5. the Provider of Record may own or lease the equipment installed at Customer's location; and
6. Customer may need to contact the Provider of Record directly for certain cancellations, billing disputes, porting requests, emergency-location changes, or technical matters.

My CRM LLC is not a party to the Provider Terms unless the applicable document expressly states otherwise.

4. Agreement Documents and Order of Precedence

The agreement between My CRM LLC and Customer consists of:

1. the applicable Service Order;
2. these Terms;
3. any My CRM LLC service description or support schedule;
4. My CRM LLC's Privacy Notice;
5. My CRM LLC's Acceptable Use Policy, where applicable; and
6. any other document expressly incorporated into the Service Order.

Provider Services are separately subject to the Provider Terms.

In the event of a conflict:

1. mandatory applicable law controls;
2. Provider Terms control with respect to the provisioning, operation, performance, maintenance, billing, cancellation, or use of Provider Services;
3. the Service Order controls with respect to the selected Provider, plan, pricing, My CRM LLC fees, and order-specific information; and
4. these Terms control with respect to My CRM LLC Services and Customer's relationship with My CRM LLC.

A Service Order issued by My CRM LLC does not amend the Provider Terms unless the Provider of Record has expressly authorized that amendment.

5. Customer Authorization

Customer authorizes My CRM LLC, solely to the extent reasonably necessary, to:

1. obtain service-availability information and quotations;
2. submit Customer information to selected Providers of Record;
3. submit or facilitate service orders requested by Customer;
4. communicate with a Provider of Record regarding order status;
5. coordinate installation and activation;
6. request or facilitate technical-support escalation;
7. obtain account, service, installation, and billing-status information where authorized;
8. assist with service changes, renewals, upgrades, cancellations, or number-porting requests; and
9. communicate with Customer regarding available Provider Services.

A Provider of Record may require a separate Letter of Agency, account authorization, porting authorization, or identity-verification process.

This limited authorization does not make My CRM LLC Customer's general legal agent and does not authorize My CRM LLC to make material changes without Customer's approval.

My CRM LLC will not submit a change of Provider of Record without Customer's affirmative authorization.

6. Quotations and Service Orders

Any quotation is subject to:

1. service availability at the applicable address;
2. validation by the Provider of Record;
3. Provider credit and eligibility requirements;
4. applicable construction, installation, or equipment requirements;
5. confirmation of promotional eligibility;
6. applicable taxes, government fees, and provider-imposed charges; and
7. final acceptance by the Provider of Record.

Unless expressly stated otherwise, a quotation is not a guarantee that the Provider Services will be available or activated.

An order for Provider Services becomes effective when accepted by the Provider of Record or when the Provider of Record activates the service, as determined by the applicable Provider Terms.

My CRM LLC will not substitute one Provider of Record for another without Customer's authorization.

7. Provider Terms and Disclosures

Before or at the time Customer submits an order, My CRM LLC will make reasonably available or direct Customer to the applicable Provider Terms supplied by the Provider of Record.

Customer is responsible for reviewing those Provider Terms.

Where required, Customer must separately accept:

1. the Provider customer or subscriber agreement;
2. the applicable Broadband Consumer Label;
3. emergency-calling or E911 disclosures;
4. equipment terms;
5. promotional conditions; and
6. automatic-renewal or recurring-payment terms.

The Service Order should identify the applicable Provider Terms by document name, effective date, version, or electronic location.

Any subsequent modification of Provider Terms is governed by the Provider Terms and applicable law. My CRM LLC does not independently control those modifications.

8. Billing Party and Payment

The Service Order must clearly identify the party responsible for billing Customer.

9. Installation and Activation

Installation, activation, site surveys, construction, appointments, equipment delivery, and technician dispatches may be performed by the Provider of Record or its contractors.

My CRM LLC may coordinate these activities but does not control Provider scheduling or technician availability.

Estimated installation or activation dates are not guaranteed unless the Provider of Record has expressly provided a written service commitment.

Customer must provide:

1. accurate service-location information;
2. safe access to the premises;
3. required landlord or property-owner approval;
4. suitable electrical power and internal facilities;
5. an adult or authorized representative at the premises where required; and
6. reasonable cooperation with My CRM LLC and the Provider of Record.

Additional installation or construction charges are subject to Customer approval where required by law or the applicable Provider Terms.

10. Internet and Broadband Services

The Provider of Record is responsible for the technical delivery of the applicable internet or broadband service.

Actual speed, latency, packet loss, Wi-Fi performance, data allowances, network management, service availability, maintenance, and outages are governed by the Provider Terms and the applicable Broadband Consumer Label.

At the point of sale, My CRM LLC will make available the Broadband Consumer Label supplied by the Provider of Record for any plan subject to the FCC labeling rules. The FCC's rules expressly include third-party retail locations, telephone sales, and other alternative sales channels within the point-of-sale requirements.

My CRM LLC does not independently guarantee:

1. maximum or advertised speeds;
2. uninterrupted network availability;
3. specific latency, jitter, or packet-loss levels;
4. compatibility with every Customer device or application; or
5. performance outside a written commitment expressly made by My CRM LLC.

My CRM LLC remains responsible for the accuracy of representations that My CRM LLC itself makes concerning the selected service.

11. Voice, Telephone, and Emergency Calling

Voice, telephone, VoIP, telephone-number, number-porting, caller-identification, voicemail, messaging, and emergency-calling functions are supplied by the applicable Provider of Record unless the Service Order expressly states otherwise.

The Provider of Record's emergency-calling disclosure controls the technical operation and limitations of 911 or E911.

Customer acknowledges that internet-based voice service may depend upon:

1. electrical power;
2. functioning internet or data connectivity;
3. properly configured equipment;
4. accurate registered-location information; and
5. continued availability of the Provider of Record's network.

Customer must provide accurate service and emergency-location information and update that information through the process designated by the Provider of Record.

My CRM LLC may assist Customer in collecting or transmitting location information but does not operate emergency-response centers or public-safety routing infrastructure.

Customer should maintain an alternative means of contacting emergency services.

Nothing in these Terms limits liability for My CRM LLC's own failure to accurately transmit information that My CRM LLC expressly agreed to transmit, or any liability that applicable law does not permit My CRM LLC to limit.

12. Telephone Numbers and Porting

Telephone numbers are controlled by the applicable Provider of Record, numbering administrator, or other authorized carrier.

Customer does not acquire ownership of a telephone number merely by using it.

Number-porting requests are subject to:

1. Provider Terms;
2. accurate Customer account information;
3. valid authorization;
4. number eligibility;
5. identity and fraud-prevention procedures; and
6. applicable federal and state requirements.

My CRM LLC may help prepare or submit a porting request but does not guarantee completion by a specific date.

Customer should not cancel existing telephone service before receiving confirmation that a port has been completed.

13. Equipment

Equipment supplied by the Provider of Record is governed by the Provider Terms.

Customer must return Provider-owned equipment directly to the Provider of Record or as otherwise instructed.

My CRM LLC is not responsible for an equipment nonreturn charge imposed by the Provider of Record when Customer failed to follow the Provider's return procedure.

Equipment sold, rented, or loaned directly by My CRM LLC must be separately identified in the Service Order. My CRM LLC's return, warranty, replacement, and nonreturn conditions apply only to equipment supplied directly by My CRM LLC.

14. Support and Escalation

My CRM LLC may provide first-line support and escalation assistance through:

My CRM LLC may:

1. help identify the nature of a reported problem;
2. review basic equipment or account information;
3. communicate with the Provider of Record;
4. open or escalate a support ticket where authorized; and
5. provide Customer with available status information.

My CRM LLC does not control the Provider of Record's repair priorities, dispatch times, maintenance windows, network restoration, service credits, or outage resolution.

Provider service credits are governed by the Provider Terms or applicable Provider SLA.

My CRM LLC is responsible for any independent support commitment expressly stated in the Service Order.

15. Cancellation and Service Changes

Provider Services must be canceled or changed in accordance with the Provider Terms.

The Service Order must identify whether cancellation should be submitted:

1. directly to the Provider of Record;
2. through My CRM LLC as an authorized intermediary; or
3. through either channel.

When My CRM LLC is authorized to submit a cancellation request, My CRM LLC will transmit the request within a commercially reasonable period.

Unless applicable law provides otherwise, a request submitted to My CRM LLC is not effective against the Provider of Record until the Provider confirms or processes it.

Customer remains responsible for:

1. charges incurred before the effective cancellation date;
2. applicable early termination charges;
3. equipment-return obligations;
4. outstanding usage charges; and
5. other lawful amounts imposed under the Provider Terms.

My CRM LLC recurring services and My CRM LLC-imposed fees may be canceled through:

California Consumer Customers will receive the cancellation methods and protections required under the California Consumer Addendum.

16. Privacy and Information Sharing

My CRM LLC's collection and use of personal information are governed by My CRM LLC's Privacy Notice.

The Provider of Record separately collects and processes information under its own privacy policy.

Customer authorizes My CRM LLC to disclose information to a selected Provider of Record when reasonably necessary to:

1. obtain a quotation;
2. determine availability;
3. submit or manage an order;
4. arrange installation;
5. authenticate Customer;
6. coordinate billing or payment;
7. provide support or escalation;
8. process a porting request; or
9. comply with law.

My CRM LLC will not sell or share personal information except as disclosed in its Privacy Notice and permitted by applicable law.

Customer is responsible for reviewing the Provider of Record's privacy policy before accepting Provider Services.

17. Provider Actions and Third-Party Services

My CRM LLC is not responsible for an act or omission of a Provider of Record that is outside My CRM LLC's reasonable control, including:

1. network outages;
2. delayed installations;
3. service denials;
4. changes to Provider plans or network architecture;
5. Provider price changes;
6. Provider equipment failures;
7. Provider billing errors;
8. number-porting delays;
9. Provider maintenance; or
10. withdrawal of a Provider service.

My CRM LLC will remain responsible for:

1. its own breach of these Terms;
2. unauthorized orders submitted by My CRM LLC;
3. material misrepresentations made by My CRM LLC;
4. My CRM LLC-imposed charges not properly disclosed;
5. My CRM LLC's negligence or willful misconduct;
6. failure to transmit an accepted payment or order where My CRM LLC expressly undertook that responsibility; and
7. any liability that applicable law does not permit My CRM LLC to exclude.

18. Warranties

My CRM LLC warrants that it will perform My CRM LLC Services using reasonable care and skill.

My CRM LLC does not warrant the operation, availability, speed, quality, security, or performance of Provider Services, except to the extent My CRM LLC has expressly provided a separate written warranty.

Provider Services are subject to the warranties and disclaimers contained in the Provider Terms.

For Consumer Customers, nothing in these Terms excludes a statutory warranty or remedy that cannot legally be excluded.

19. Limitation of Liability

To the maximum extent permitted by law, My CRM LLC will not be liable for indirect, incidental, special, punitive, or consequential damages arising solely from the operation or failure of Provider Services outside My CRM LLC's reasonable control.

This limitation does not apply to:

1. fraud or intentional misrepresentation by My CRM LLC;
2. My CRM LLC's willful misconduct or gross negligence;
3. death or personal injury caused by My CRM LLC's negligence;
4. unauthorized orders or carrier changes caused by My CRM LLC;
5. breach of a nonwaivable privacy or security obligation;
6. My CRM LLC's failure to remit an accepted Customer payment;
7. emergency-service liability that cannot lawfully be limited; or
8. any other liability that applicable law does not permit My CRM LLC to exclude.

Claims against a Provider of Record are governed by the applicable Provider Terms.

20. Provider Changes or Service Withdrawal

A Provider of Record may reject, discontinue, migrate, or modify a service in accordance with its Provider Terms and applicable law.

My CRM LLC may offer Customer an alternative service from the same or another Provider of Record.

My CRM LLC will not activate or migrate Customer to an alternative Provider without Customer's affirmative authorization.

Alternative services may have different:

• prices;
• terms;
• network characteristics;
• equipment;
• installation requirements;
• telephone numbers;
• promotions; or
• cancellation conditions.

My CRM LLC does not guarantee that an equivalent replacement will be available.

21. Trademarks and Provider Names

AT&T, Frontier, Spectrum, and the names, logos, trademarks, and service marks of other Providers of Record are the property of their respective owners.

My CRM LLC uses Provider names solely to identify services that My CRM LLC may be authorized to market, facilitate, or support.

Unless expressly stated, use of a Provider name does not mean that the Provider:

1. owns or controls My CRM LLC;
2. guarantees My CRM LLC Services;
3. has approved every statement made by My CRM LLC; or
4. is a party to My CRM LLC's Terms.

My CRM LLC will use Provider trademarks only as permitted by the applicable channel, agency, reseller, or marketing agreement.

22. Governing Law and Disputes

These Terms and disputes concerning My CRM LLC Services are governed by the laws of the State of California.

For Business Customers, any proceeding concerning My CRM LLC Services must be brought in the state or federal courts located in Orange County, California, unless the Service Order states otherwise.

For Consumer Customers, venue and jurisdiction will be determined by applicable law.

Disputes concerning Provider Services may be governed by the dispute-resolution, arbitration, venue, or governing-law provisions contained in the applicable Provider Terms.

Nothing in these Terms prevents Customer from contacting an applicable consumer-protection authority, the Federal Communications Commission, the California Public Utilities Commission, or another regulator with jurisdiction over the applicable Provider or service.