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TERMS AND AGREEMENTS

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WEBSITE TERMS OF USE

PLEASE READ THESE TERMS AND CONDITIONS OF USE ("TERMS") CAREFULLY. BY ACCESSING THIS WEBSITE AND ANY PAGES OR MATERIALS CONTAINED IN THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS SET FORTH BELOW. IF YOU DO NOT AGREE TO ALL OF THE TERMS SET FORTH BELOW, PLEASE DO NOT ACCESS THIS WEBSITE, OR ANY ASSOCIATED PAGES OR MATERIALS.

This Website (the "Site") with a home page at http://www.emailondeck.com is owned and operated by Lucid LXIX Limited ("LUCID"). The pages and materials contained on this Site are the property of LUCID or are owned by a third-party and are used by LUCID under license. LUCID reserves the right at its sole discretion to change, modify, add, or remove any portion of this Site or these Terms, in whole or in part, at any time and for any reason. Changes to these Terms will be effective upon posting. You agree to review these Terms periodically to be aware of any changes. Your continued use of this Site after any changes to the Terms will be considered acceptance of those changes. These Terms govern your use of this Site. In the event that you do not comply with these Terms, LUCID may, at its sole discretion and without notice, block or restrict your access to this Site and/or pursue legal action against you for any alleged or actual violation of these Terms or governing law.

INDEMNITY AND LIMITATIONS OF DAMAGES

You agree to fully indemnify, defend and hold harmless LUCID, its officers, directors, employees, agents, licensors, suppliers and any third-party information providers to the Site against any and all losses, expenses, damages and costs, including reasonable attorneys' fees, incurred in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third-party that your use of the Site violates these Terms, any applicable law or regulation, or the rights of any third-party.

In no event shall LUCID or any of its officers, directors, members, shareholders, subsidiaries, or employees be liable to any entity for any direct, indirect, special, consequential or other damages (including, without limitation, any lost profits, business interruption, loss of information or programs or other data on your information handling system) that are related to the use of, or the inability to use, the content, materials, and functions of the site or any linked website, even if LUCID is expressly advised of the possibility of such damages.

PERMITTED USES

Any person is hereby authorized to view the information available on the Site for noncommercial informational purposes only. However, the text, images, music, video and other materials resident on this Site may not otherwise be copied, modified, distributed, reproduced or reused without the express written permission of LUCID or otherwise permitted herein.

You acknowledge and agree that all materials contained on or at the Websites are proprietary and constitute valuable copyright, trademark and other intellectual property rights owned by LUCID or others who have licensed or authorized use of such materials to LUCID. You acknowledge and agree that as such you may only access, view, download, receive and otherwise use the materials available at the Websites only as authorized by LUCID as stated herein.

You acknowledge that you understand that LUCID does not authorize access to any part of the Websites or its network servers or databases in any manner contrary to the express provisions of this Agreement.

POSTING/RECEIVING/MAILING CONTENT TO THE SITE

You agree and acknowledge that you will only post, mail or upload Content, including but not limited to information, photos, text, pictures, illustrations, data, music, lyrics, recordings, video, etc. ("Content") to the Site that you are the sole and exclusive copyright owner of. You agree and acknowledge that you are over the age of 18 years of age and that you have the legal right to publish the Content to the Site. You warrant and represent that You own or control 100% of the Content that You post or upload (or cause to be posted or uploaded) to the Site. You further agree that you have the legal right to license the Content to LUCID according to the terms as stated herein.

You agree and do hereby grant LUCID an unrestricted right and perpetual license to use the Content and to license, sub-license, assign, and sub-assign the right to use the Content to any third-party at any time for any reason and in any medium in perpetuity. The rights granted to LUCID herein include the unrestricted right to reproduce, distribute, make derivative works from, publicly display and publicly perform any and all such Content throughout the Universe in perpetuity and in any medium or format now known or later discovered.

You warrant and represent that you have the full right, power, and authority to grant all rights granted herein, and that said rights are not under nor will be under, any disability, restriction or prohibition. You further warrant and represent that there shall be no liens, claims or other interests which may interfere with, impair or be in derogation of the rights granted herein.

You warrant and represent that neither LUCID nor any other party shall be required to make any payment of any nature for, or in connection with, the acquisition, exercise or exploitation of any right granted pursuant to this Agreement;

You warrant and represent that neither any portion of the Content nor any other material supplied by You to the Site will violate or infringe upon any common law or statutory right of any person, firm or corporation including, without limitation, contractual rights, copyrights, moral rights, trademarks, trade secrets, record-keeping requirements, and rights of privacy.

You warrant and represent that neither any portion of the Content nor any other material supplied by You to the Site will be considered indecent, obscene, offensive, or otherwise objectionable Content. You agree that you will not provide any false, misleading, or inaccurate information to the Site and LUCID.

You hereby agree to indemnify LUCID, and its successors, distributors, sub-distributors, licensees, and assigns, and any respective officers, directors, members, agents and employees of each of the foregoing, from and against any claims contrary to this agreement and any damages, liabilities, costs and expenses, including reasonable attorneys' fees, arising out of or in any way connected with any claim, demand or action inconsistent with this Agreement or any warranty, representation or agreement made by You herein.

You agree that it is your responsibility for any and all email address and email message backups. You accept and agree to the nature of temporary email, in that email addresses and email messages can be deleted at any time for any reason.

Messages receipt is not guaranteed. While this service does not intend for messages to be altered, there may be arbitrary changes whether during transit or storage which are made without knowledge of the user. LUCID cannot guarantee accuracy of any email content. Furthermore this service and Site does not know the quality, truthfullness, correctness, or origination of messages received. Users acknowledge this and will not hold the LUCID responsible for the content of messages.

LINKING TO THE SITE

Linking to any of the LUCID websites indicates that you accept LUCID's Terms of Use and legal restrictions and that you will abide by the guidelines herein. If you do not accept these terms and agree to abide by these guidelines, you are not authorized to link to this Site.

If you link to LUCID's Site, you agree that you:
- Will not copy or otherwise replicate any LUCID Site content;
- Will not frame or otherwise create a browser or border environment around LUCID Site content;
- Will not imply that LUCID is endorsing you, your company or business, your web site or its contents, your products, or your services;
- Will not misrepresent you or your website's relationship with LUCID;
- Will not present false, misleading or inaccurate information about LUCID, LUCID's products or services, or any of LUCID's affiliates or their products or services;
- Will not use LUCID's trademarks, logos, or copyrighted materials without first receiving express prior written permission from LUCID.
- Will not link to an internal page of this Site that is located one or several levels down from the home page or bring up or present content of this site on another site without LUCID's prior written permission.

SERVICE LEVEL AGREEMENT (SLA)

You agree and understand that there is no service level agreement (SLA) when using this Site, for any customer, paying or non-paying, personal or commercial. This Site uses a best-effort policy to maintain uptime.

THROTTLING

All email traffic is throttled due to various factors, including but not limited to: IP addresses, email addresses, domains, user accounts, frequency of mailings. Banning traffic happens in rare occasions, permanently or temporarily. We reserve the right to throttle email acces, even for paid customers. Such situations are rare, but may be necessary to ensure quality of service for all other customers.

REFUNDS

All purchases are final. Refunds are not provided. Refunds may be provided soley at the discretion of LUCID. As a general rule, refunds are never given for any reason. In the event the service or Site, is down or ceases to operate, any unused services and remaining service purchases are not refunded.

PRIVILEGES

This service retains the right to revoke or deny access to anyone at anytime, with or without stated reason. Any user may cease using the service, and may delete their email messages whenever, and for any reason. As indicated above, refunds are not given.

LIMITED LICENSE

LUCID grants you a non-exclusive, non-transferable, limited right to access, use and display this Site and the materials thereon; provided, however, that you comply with these Terms [see PERMITTED USES]. You agree not to disrupt, interrupt or attempt to interrupt the operation of the site in any way. You agree not to change or delete any proprietary notice or watermark from materials downloaded from the Site. You agree to comply with all trademark, copyright and other intellectual property laws worldwide in your use of this Site and to prevent any unauthorized copying of the materials and information contained on this Site. Except as expressly provided herein, LUCID does not grant any express or implied right to you regarding any patents, trademarks, copyrights or trade secret information [see INTELLECTUAL PROPERTY].

DISCLAIMER

LUCID CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THIS SITE WILL BE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL CODE THAT CAN MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA AND OUTPUT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE.

THE MATERIALS AND INFORMATION CONTAINED ON THIS SITE MAY CONTAIN FACTUAL OR TECHNICAL INACCURACIES AND/OR TYPOGRAPHICAL ERRORS. LUCID DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. LUCID RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. LUCID MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE. HOWEVER LUCID IS UNDER NO OBLIGATION AT ANY TIME TO MAKE ANY CHANGES OR CORRECTIONS TO ANY INFORMATION ON THE SITE.

THIS SITE AND THE INFORMATION AND MATERIALS ON THE SITE ARE PROVIDED "AS IS" AND LUCID DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS WHATSOEVER INCLUDING, WITHOUT LIMITATION WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE WITH REGARD TO THE SITE, ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH THE SITE AND LUCID SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

THIRD-PARTY WEBSITES

Some links on this Site may cause you to leave the LUCID Site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. LUCID does not control the linked sites and is not responsible for their contents. These links are provided to you for your convenience and the inclusion of the link does not imply endorsement of the site by LUCID. LUCID makes no warranty or representation regarding any linked sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that LUCID is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of LUCID or any of its affiliates or subsidiaries.

INTELLECTUAL PROPERTY

The trademarks, trade names, logos, service marks, trade dress and products (collectively the "Trademarks") displayed on the Site are registered and unregistered Trademarks of LUCID and others. The trademarks, trade names, logos, service marks, trade dress and products in this Site are protected in the United States and internationally.

Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of LUCID or such third-party that may own the Trademarks displayed on the Site. Your use of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms, is strictly prohibited. You are also advised that LUCID will aggressively enforce its intellectual property rights to the fullest extent of the law.

The materials of this Site are protected by Copyright and Trademark Laws of the United States of America and other countries and are owned by, or licensed to LUCID. All content of this Site is owned, licensed, or controlled by LUCID. You may download content only for temporary display purposes on your computer's RAM memory while you are actually viewing the website and only for your personal use for non-commercial purposes. No other downloading, use, modification or further reproduction of any of the content on this website is permitted. The contents of the Site, including any images, text, executable code, and layout design may not be distributed, reproduced, publicly displayed, downloaded, modified, reused, re-posted, or otherwise used except as provided herein without the express prior written permission of LUCID.

You may not, for any reason, distribute, modify, duplicate, transmit, reuse, re-post, or use the content of the Site for public or commercial purposes, including the text, images, audio, music, and video without LUCID'S prior written consent [See PERMITTED USE].

© Copyright 2015 LUCID. All rights reserved. Copyright in the pages of this website and in the screens displaying the pages, and in the material contained therein and in their arrangement, is owned by LUCID and/or its affiliates, unless otherwise indicated. In addition, the materials contained on this web site may be LUCID Proprietary and/or Trade Secret information and may not be copied, compiled, or distributed without the prior written consent of LUCID, except as provided herein.

PRIVACY POLICY

We may collect the domain name, Internet Protocol (IP) address, and e-mail address of visitors to our Websites, the e-mail addresses of those who communicate with us via e-mail, aggregate information on what pages consumers access or visit, name and address, telephone number, and payment information (e.g., credit card number and billing address). Cookies are used to track session information and to navigate throughout the site smoothly. The information we collect is used for internal review and to improve the content of our Websites, to improve security and customize the content and/or layout of our Site for each individual visitor, and to provide marketing information to customers. If you do not want to receive e-mail from us in the future, or need to contact us, please let us know by messaging us at: http://www.emailondeck.com/contactus.php. We may sell, rent, or share our mailing list, membership list, or any other information about visitors to our website. We will comply with duly authorized legal subpoenas from law enforcement or other lawful governmental request seeking information if we are required by law to provide such information.

With respect to security: We have appropriate security measures in place in our physical facilities to protect against the loss, misuse or alteration of information that we have collected from you at our site. Notwithstanding the foregoing, LUCID makes no warranty regarding security or protection of personal or other data.

GOVERNING LAW

This Site is operated and administered from within the United States of America. Use of this Site shall be governed by all applicable Federal laws of the United States and the laws of the State of California without giving effect to its conflict of laws provisions. You agree to submit to the exclusive jurisdiction of the courts located in San Francisco, California, USA for the resolution of all disputes arising from or related to these Terms and/or your use of the Site and any of its Materials.

ENTIRE AGREEMENT

These Terms constitute the entire agreement between LUCID and you (the "Agreement") with respect to your use of the Site. Any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Terms, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.

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