These terms of use ("Terms") apply to your access and use of Klarity Email Tracking (the "App"). Please read them carefully. Accepting these Terms If you access or use the App, it means you agree to be bound by all of the terms below. So, before you use the App, please read all of the terms. If you don't agree to all of the terms below, please do not use the App. Also, if a term does not make sense to you, please let us know by e-mailing service@klaritylabs.net. Changes to these Terms We reserve the right to modify these Terms at any time. For instance, we may need to change these Terms if we come out with a new feature or for some other reason. Whenever we make changes to these Terms, the changes are effective immediately after we post such revised Terms (indicated by revising the date at the top of these Terms) or upon your acceptance if we provide a mechanism for your immediate acceptance of the revised Terms (such as a click-through confirmation or acceptance button). It is your responsibility to check Klarity Email Tracking for changes to these Terms. If you continue to use the App after the revised Terms go into effect, then you have accepted the changes to these Terms. Privacy Policy For information about how we collect and use information about users of the App, please check out our privacy policy available at http://klaritylabs.net/privacypolicy.html. Third-Party Services From time to time, we may provide you with links to third party websites or services that we do not own or control. Your use of the App may also include the use of applications that are developed or owned by a third party. Your use of such third party applications, websites, and services is governed by that party's own terms of service or privacy policies. We encourage you to read the terms and conditions and privacy policy of any third party application, website or service that you visit or use. Creating Accounts When you create an account or use another service to log in to the App, you agree to maintain the security of your password and accept all risks of unauthorized access to any data or other information you provide to the App. If you discover or suspect any App security breaches, please let us know as soon as possible. Klarity Labs Materials We put a lot of effort into creating the App including, the logo and all designs, text, graphics, pictures, information and other content (excluding your content). This property is owned by us or our licensors and it is protected by U.S. and international copyright laws. We grant you the right to use it. However, unless we expressly state otherwise, your rights do not include: (i) publicly performing or publicly displaying the App; (ii) modifying or otherwise making any derivative uses of the App or any portion thereof; (iii) using any data mining, robots or similar data gathering or extraction methods; (iv) downloading (other than page caching) of any portion of the App or any information contained therein; (v) reverse engineering or accessing the App in order to build a competitive product or service; or (vi) using the App other than for its intended purposes. If you do any of this stuff, we may terminate your use of the App. Hyperlinks and Third Party Content You may create a hyperlink to the App. But, you may not use, frame or utilize framing techniques to enclose any of our trademarks, logos or other proprietary information without our express written consent. Klarity Labs makes no claim or representation regarding, and accepts no responsibility for third party websites accessible by hyperlink from the App or websites linking to the App. When you leave the App, you should be aware that these Terms and our policies no longer govern. Unavoidable Legal Stuff THE APP AND ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE APP ARE PROVIDED TO YOU ON AN AS IS OR AS AVAILABLE BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE APP AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE APP WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE. IN NO EVENT WILL KLARITY LABS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE APP OR ANY OTHER SERVICE AND/OR CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE APP, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO THE AMOUNT YOU PAID TO KLARITY LABS. THIS SECTION WILL BE GIVEN FULL EFFECT EVEN IF ANY REMEDY SPECIFIED IN THIS AGREEMENT IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. You agree to defend, indemnify and hold us harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees, costs, penalties, interest and disbursements) we incur in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party relating to your use of the App or the use of the App by any person using your account, including any claim that your use of the App violates any applicable law or regulation, or the rights of any third party, and/or your violation of these Terms. Copyright Complaints We take intellectual property rights seriously. In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and, at our sole discretion, access to the service for users who are deemed to be repeat infringers. Governing Law The validity of these Terms and the rights, obligations, and relations of the parties under these Terms will be construed and determined under and in accordance with the laws of the Virginia, without regard to conflicts of law principles. Jurisdiction You expressly agree that exclusive jurisdiction for any dispute with the App or relating to your use of it, resides in the courts of the Virginia and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the Virginia in connection with any such dispute including any claim involving App. You further agree that you and App will not commence against the other a class action, class arbitration or other representative action or proceeding. Termination If you breach any of these Terms, we have the right to suspend or disable your access to or use of the App. Entire Agreement These Terms constitute the entire agreement between you and Klarity Labs regarding the use of the App, superseding any prior agreements between you and Klarity Labs relating to your use of the App. Feedback Please let us know what you think of the App, these Terms and, in general, Klarity Email Tracking. When you provide us with any feedback, comments or suggestions about the App, these Terms and, in general, Klarity Email Tracking, you irrevocably assign to us all of your right, title and interest in and to your feedback, comments and suggestions. Questions & Contact Information Questions or comments about the App may be directed to us at the email address service@klaritylabs.net.