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Terms and Conditions

Services End User License Agreement

This Web Services End User License Agreement ("Agreement") is a binding agreement between you ("End User" or "you") and EnergizeMail ("Company" or “EnergizeMail”). This Agreement governs your use of EnergizeMail (accessed at EnergizeMail.com and/or through a client access services) which is currently provided in Version 1.1, (including all related documentation, the web based "Services"). The Services are licensed, not sold, to you.

BY BECOMING A MEMBER, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND AFFIRM THAT YOU ARE 18 YEARS OF AGE OR OLDER/OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; (B) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICES. YOU MUST ALSO AFFIRM THAT YOU ARE AUTHORIZED OR ARE AN AGENT OF THE EMPLOYER/MONITOR (EITHER AS AN INDEPENDENT CONTRACTOR OR EMPLOYEE AS DETERMINED BY THE EMPLOYER) WITH THE ABILITY AND PERMISSION TO MONITOR THE EMAILS YOU CHOOSE TO MONITOR THROUGH THE SERVICES.

YOU MUST ALSO ACKNOWLEDGE THAT IF YOU ARE MONITORING ANYONE’S EMAIL EXCEPT YOUR OWN, ENERGIZEMAIL IS ONLY PROVIDING A SERVICES PLATFORM WHICH INCLUDES AN INTERFACE BETWEEN THE EMPLOYER/YOU AND ANY EMPLOYEE OR INDEPENDENT THIRD PARTY THE EMPLOYER/YOU CHOOSE(S) TO MONITOR. AS SUCH, ENERGIZEMAIL IS NOT RESPONSIBLE FOR COMPLYING WITH ANY LAWS, RULE, DIRECTIVES, REGULATIONS AND OTHER REQUIREMENTS OF GOVERNMENT AND REGULATORY AUTHORITIES INCLUDING WITHOUT LIMITATION PRIVACY, DEFAMATION, LABOR AND EMPLOYEMENT LAWS OF ANY STATE, FEDERALLY OR INTERNATIONALLY.

ALSO/ACCORDINGLY IN ITS LIMITED ROLE, ENERGIZEMAIL CANNOT AND IS NOT RESPONSIBLE FOR THE CONTENT YOU MONITOR (OR ANY PARTY’S CONTENT EXCEPT ITS OWN), INCLUDING THE QUALITY, SAFETY OR LEGALITY OF THE TERMS AND CONDITIONS OF THE EMPLOYER WORKSITE OR WORK CONDITIONS (INCLUDING BUT NOT EXCLUSIVELY TO EMPLOYER/WORKSITE ADHERENCE TO WAGE AND HOUR, WORKPLACE DESCRIMINATION AND WORKER SAFETY LAWS); THE TRUTH OR ACURACY OF ANY EMAIL OR OTHER CONTENT; OR THE ABILITY OF ANY PARTY TO PERFORM THEIR OBLIGATIONS POTENTIALLY CREATED OR FACLITATED THROUGH THESE SERVICES.

FINALLY, YOU UNDERSTAND THAT A) WE MAY COLLECT NON- PERSONAL INFORMATION FROM YOU AND ANY EMPLOYEE/PARTY YOU ARE MONITORING, AND B) HAVE FAMILIARIZED YOURSELF WITH THE TERMS AND CONDITIONS OF THAT COLLECTION AS FOUND, IN PART, IN OUR PRIVACY POLICY. YOU AGREE TO TAKE ALL NECESSARY STEPS TO ASSURE YOU HAVE THE ABILITY TO MONITOR EMPLOYEES AND, IF REQUIRED BY LAW OR IF YOU DESIRE, PUT THE RELEVANT EMPLOYEES/THIRD PARTY ON NOTICE (THROUGH E.G. AN EMPLOYMENT HANDBOOK OR POSTING) OF SUCH MONITORING.

  1. License Grant. Subject to the terms of this Agreement, Company grants you a limited, non-exclusive and nontransferable license to:

    (a) download, install and use the Services on a web device (“Web Device") strictly in accordance with these terms and conditions;
    (b) to install or otherwise gain access to each of your employees and/or independent contractors that you wish to monitor in accordance with these terms and conditions AND subject to your compliance with laws, rules, directives, regulations and other requirements of government and regulatory authorities; and/or
    (c) access, stream, download and use on such Web Device the Content and Services (as defined in Section 5) made available in or otherwise accessible through the Services, strictly in accordance with this Agreement and the Terms of Use applicable to such Content and Services as set forth in Section 5.

  2. License Restrictions. Licensee shall not:

    (a) copy the Services, except as expressly permitted by this license;
    (b) modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the Services;
    (c) reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Services or any part thereof;
    (d) remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Services, including any copy thereof;
     (e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Services or any features or functionality of the Services, to any third party for any reason, including by making the Services available on a network where it is capable of being accessed by more than one device at any time; or
    (f) remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the Services.

  3. Reservation of Rights. You acknowledge and agree that the Services are provided under license, and not sold, to you. You do not acquire any ownership interest in the Services under this Agreement, or any other rights thereto other than to use the Services in accordance with the license granted, and subject to all terms, conditions and restrictions, under this Agreement. Company and its licensors and service providers reserve and shall retain their entire right, title and interest in and to the Services, including all copyrights, trademarks and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
  4. Collection and Use of Your Information. You acknowledge that when you download, install or use the Services, Company may use automatic means (including, for example, cookies and web beacons) to collect information about your Device and about your use of the Services. You also may be required to provide certain information about yourself as a condition to downloading, installing or using the Services or certain of its features or functionality, and the Services may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with this Services is subject to our Privacy Policy [www.EnergizeMail.com/privacy]. By downloading, installing, using and providing information to or through this Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
  5. Content and Services. The Services are currently web based and can be located at www.EnergizeMail.com (the "Services") and products and services contained therein; also certain features, functionality and content accessible on or through the Services may be hosted by a third party and/or on a virtual servicer. Your access to and use of such Content and Services may require you to acknowledge your acceptance of the Terms of Use and Privacy Policy and/or to register with the Services and your failure to do so may restrict you from accessing or using certain of the Services’ features and functionality. Any violation of such Terms of Use will also be deemed a violation of this Agreement.

    BY USING THIS SITE, YOU ACKNOWLEDGE THAT THESE SERVICES ARE LIMITED TO EMAIL MANAGEMENT, ANALYTICS AND MONITORING. THE COMPANY DOES NOT VERIFY OR WARRANTY ITS SERVICES. ACCORDINGLY, ALL PARTIES ARE STRONGLY ENCOURAGED TO CONDUCT THOROUGH DUE DILLIGENCE AND ASSURE THAT THEIR EMAIL FILES ARE BACKED UP, SEUCRED AND OTHERWISE INDEPENDENTLY PROTECTED.

  6. Password. You are responsible for keeping your password(s) secret and confidential, and that you are responsible for changing any of your passwords that have been stolen, compromised, or misused.
  7. Geographic Restrictions. The Content and Services are based in the United States and provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Content and Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Content and Services from outside the United States, you are responsible for compliance with local laws.
  8. Updates. Company may from time to time in its sole discretion develop and provide Services updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Device settings, when your Device is connected to the internet either:

    (a) the Services will automatically download and install all available Updates; or
    (b) you may receive notice of or be prompted to download and install available Updates.

    You shall promptly download and install all Updates and acknowledge and agree that the Services or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Services and be subject to all terms and conditions of this Agreement.

  9. Third Party Materials. The Services may display, include or make available third- party content (including logos and other indicia of source, data, information, services and other products services and/or materials) or provide links to third-party websites or services, including through third-party advertising ("Third Party Materials"). You acknowledge and agree that Company is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you and you access and use them at entirely at your own risk and subject to such third parties' terms and conditions.
  10. Term and Termination.
    (a) The term of Agreement commences when you install the Services/acknowledge your acceptance and will continue in effect until terminated by you or Company as set forth in this Section 10.
    (b) You may terminate this Agreement by deleting the Services and all copies thereof from your Device.
    (c) Company may terminate this Agreement at any time without notice, or if it ceases to support the Services, which Company may do in its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.
    (d) Upon termination:
    (i) all rights granted to you under this Agreement will also terminate; and
    (ii) you must cease all use of the Services and delete all copies of the Services from your Mobile Device and account.
    (e) Termination will not limit any of Company's rights or remedies at law or in equity.
  11. Disclaimer of Warranties. THE SERVICES IS PROVIDED TO LICENSEE "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, SERVICESS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
  12. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES OR THE CONTENT AND SERVICES FOR:

    (a) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES, AND

    (b) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE SERVICES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE OR BREACH OF PRIVACY) OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

  13. Indemnification. You agree to indemnify, defend and hold harmless Company and its officers, directors, employees, agents, affiliates, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to your use or misuse of the Services or your breach of this Agreement. Furthermore, you agree that Company assumes no responsibility for the content you submit or make available through this Services.
  14. Export Regulation. The Services may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export or release the Services to, or make the Service accessible from, any jurisdiction or country to which export, re-export or release is prohibited by law, rule or regulation. You shall comply with all applicable federal laws, regulations and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re- exporting, releasing or otherwise making the Services available outside the US.
  15. Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
  16. Governing Law. This Agreement is governed by and construed in accordance with the internal laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of or related to this Agreement or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Colorado in each case located in Denver. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
  17. Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
  18. Entire Agreement. This Agreement and our Privacy Policy constitute the entire agreement between you and Company with respect to the Services and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Services.
  19. Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.
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