PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS APP. BY USING THIS APP YOU AGREE TO BE BOUND BY THESE TERMS OF USE, AND YOU ACKNOWLEDGE THAT SUCH AGREEMENT CONSTITUTES A BINDING CONTRACT BETWEEN YOU AND CLOUD4J, INC. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THIS APP. CLOUD4J, INC. RESERVES THE RIGHT, AT ITS DISCRETION, TO UPDATE OR REVISE THESE TERMS OF USE. PLEASE CHECK THE TERMS PERIODICALLY FOR REVISIONS AND UPDATES. YOUR CONTINUED USE OF THIS APP AFTER THE POSTING OF CHANGES TO THE TERMS OF USE CONSTITUTES ACCEPTANCE OF THOSE CHANGES.

ACCEPTANCE OF TERMS AND PRIVACY POLICY
This site is owned and operated by Cloud4J, Inc. Cloud4J, Inc. has the right at any time to change or discontinue any aspect or feature of the site, including, without limitation, the content, hours of availability, and equipment needed for access or use of the emailbuilder.cloud4j.com application (the "App"). Cloud4J, Inc. makes this web app, including all information, documents, communications, files, text, graphics, software, and products available through the site (collectively, the "Materials") and all services operated by Cloud4J, Inc. and third parties through the site (collectively, the "Services"), available for your use subject to the terms and conditions set forth in this document and any changes to this document that Cloud4J, Inc. may publish from time to time (collectively, the "Terms of Use").
Cloud4J, Inc. reserves the right to change the Terms of Use and other guidelines or rules posted on the App from time to time at its sole discretion. Your continued use of the App, or any Materials or Services accessible through it, after such notice has been posted constitutes your acceptance of the changes. Your use of the App will be subject to the most current version of the Terms of Use, rules and guidelines posted on the App at the time of such use. You understand that Cloud4J, Inc. may discontinue or restrict your use of the App and/or Services for any reason or no reason with or without notice. If you breach any of the Terms of Use, your authorization to use this App automatically terminates, and any Materials downloaded or printed from the App in violation of the Terms of Use must be immediately destroyed.

By accessing or using this App in any way, including, without limitation, use of any of the Services, downloading of any Materials, or merely browsing the App, you signify your agreement to the Terms of Use and constitutes your binding acceptance of the Terms of Use, including any modifications that Cloud4J, Inc. makes from time to time.

In addition, by accessing or using this App in any way, including, without limitation, use of any of the Services, downloading of any Materials, or merely browsing the App, you represent that you have read and consent to our Privacy Policy in addition to the Terms of Use. Cloud4J, Inc. may revise the Privacy Policy at any time, and the new versions will be available on the App. If at any point you do not agree to any portion of the Privacy Policy, you must immediately stop using the App and/or Services.

RESTRICTIONS ON USE
The Materials and Services on this App, as well as their selection and arrangement, are protected by copyright, trademark, patent, and/or other intellectual property laws, and any unauthorized use of the Materials or Services at this App may violate such laws and these Terms of Use. Except as expressly provided herein, Cloud4J, Inc. and its suppliers do not grant any express or implied rights to use the Materials and Services. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the App, its Materials, or its Services or their selection and arrangement, except as expressly authorized herein. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the App. You may not engage in the practices of "screen scraping," "database scraping," or any other practice or activity the purpose of which is to obtain lists of users, portions of a database, or other lists or information from this App, in any manner or in any quantities not authorized by Cloud4J, Inc. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including data, ratings, descriptions, images, text, page layout, or form) of Cloud4J, Inc. or its affiliates without prior express written consent. You may not use meta tags or any other "hidden text". Systematic retrieval of the Content or other data from this App to create or compile, directly or indirectly, in whole or in part, a collection, compilation, database or directory without the express written permission of Cloud4J, Inc. is strictly prohibited. You may not use the App in any manner that could damage, disable, overburden, or impair the App or interfere with any other person's use and enjoyment of the App. The foregoing provisions are for the benefit of Cloud4J, Inc., its subsidiaries, affiliates, and its third party content providers and licensors, if any, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

In addition to the Materials and Services offered by Cloud4J, Inc., this App may also make available materials, information, and services provided by third parties (collectively, the "Third Party Services"). The Third Party Services may be governed by separate license agreements that accompany such services. Cloud4J, Inc. offers no guarantees and assumes no responsibility or liability of any type with respect to the Third Party Services, including any liability resulting from incompatibility between the Third Party Services and the Materials and Services offered by Cloud4J, Inc. You agree that you will not hold Cloud4J, Inc. responsible or liable with respect to the Third Party Services or seek to do so.

DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER CLOUD4J, INC., ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, SERVICE, OR MATERIALS PROVIDED THROUGH THE SITE.

THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. YOU FURTHER EXPRESSLY AGREE THAT THE INFORMATION, RATINGS, DATA AND OTHER CONTENT CONTAINED IN ANY EMAIL OR ON ANY PAGE OF EMAILBUILDER.CLOUD4J.COM IS A WORK OF ART, AND AS SUCH, NO WARRANTIES ARE EXPRESSED OR IMPLIED INCLUDING WITH REGARD TO THE SUITABILITY OF ANY LOCATION, NEIGHBORHOOD OR AREA FOR THE PURCHASE, LEASING, OR RENTING OF REAL PROPERTY. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION, OR USE OF THIS SITE, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT CLOUD4J, INC. IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

IN NO EVENT WILL CLOUD4J, INC., OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITE OR THE CONTENT INCLUDED THEREIN, BE LIABLE IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF USE, OR SIMILAR ECONOMIC LOSS, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL USE OF AND CONTENT ON THE SITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL CLOUD4J, INC. TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE OR OBTAINING ANY EMAILS OR OTHER INFORMATION FROM THIS WEB SITE.

INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Cloud4J, Inc. and its affiliates and their respective directors, officers, employees, and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses, and expenses (including reasonable attorneys' fees) arising out of your use of the App or any information you obtain from the App or its emails.

TRADEMARKS
All trademarks and service marks of Cloud4J, Inc. and its subsidiaries or affiliates displayed on the App are subject to state, federal, and/or international trademark protection. Unless expressly authorized by Cloud4J, Inc., you may not use its trademarks or service marks with any product or service that is not provided by Cloud4J, Inc., or in any manner that is likely to cause confusion among customers, or that might disparage or discredit Cloud4J, Inc.

THIRD PARTY CONTENT AND BUSINESS ASSOCIATES
Any information or content expressed or made available by third parties, including information providers and users, are those of the respective author(s) or distributor(s) and not of Cloud4J, Inc. The App may contain links to websites operated by other parties. Cloud4J, Inc. provides these links to other websites as a convenience, and use of these sites is at your own risk. The linked sites are not under the control of Cloud4J, Inc., and Cloud4J, Inc. is not responsible for the content available on the other sites. Such links do not imply Cloud4J, Inc.'s endorsement of information or material on any other site and Cloud4J, Inc. disclaims all liability with regard to your access to and use of such linked websites. Any concerns regarding any such third party service or resource, or any link thereto, should be directed to the particular service or resource. In addition, Cloud4J, Inc. recommends that you review these sites' terms of use and privacy policies.

The business associates of Cloud4J, Inc. identified on the App, if any, are independent contractors of Cloud4J, Inc. The business associates are not joint ventures or partners of Cloud4J, Inc. No employee or representative of the business associates is under the control of Cloud4J, Inc.

ELECTRONIC VIRUSES AND EXPORT CONTROL
Cloud4J, Inc. assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to use, of, or browsing in the App or your downloading of any materials, data, text, images, video, or audio from the App.

Software and other materials from this App may also be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from this App may be downloaded or exported (1) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (2) anyone on the Unites States Treasury Department's list of Specially Designated Nationals or the US Commerce Department's Table of Deny Orders. Cloud4J, Inc. does not authorize the downloading or exportation of any software or technical data from this App to any jurisdiction prohibited by the United States Export Laws.

GENERAL
The Terms of Use and the other rules, guidelines, licenses and disclaimers posted on the App constitute the entire agreement between Cloud4J, Inc. and you with respect to your use of the App.

All questions concerning this Agreement should be directed to development@cloud4j.com or by mail to: Cloud4J, Inc., 21615 W 96th Street, Lenexa, KS 662220.

APPLICABLE LAW AND JURISDICTION
By visiting this App, you agree that this Agreement shall be governed by and interpreted by the laws of the State of Kansas, excluding its conflict of laws provisions. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. Any failure by Cloud4J, Inc. to enforce or exercise any provision of these Terms of Use or related right shall not constitute a waiver of that right or provision.

Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association in the City of Lenexa, State of Kansas and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction, except that, to the extent you have in any manner violated or threatened to violate one or more its intellectual property rights, Cloud4J, Inc. may seek injunctive or other appropriate relief in any state or federal court in the State of Kansas, and you consent to exclusive jurisdiction and venue in such courts. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.