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The Data-Driven Marketer eBook

At Movable Ink, our primary goal is to make it easier for you to transform your
raw data into personalized content. That being said, we are excited to announce
our latest Universal Data Activation capabilities.

With this enhancement, you can now effortlessly tap into data from any source,
empowering you to craft sophisticated, dynamic messages to support your
omni-channel marketing strategy.

Download Now!

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TERMS AND CONDITIONS


MOVABLE INK WEBSITE AND PRODUCTS TERMS AND CONDITIONS OF USE
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. THESE TERMS AND
CONDITIONS OF USE MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEBSITE AND TO
THE PRODUCTS. YOU AGREE TO CHECK FOR UPDATES TO THESE TERMS AND CONDITIONS OF
USE. BY USING THIS WEBSITE OR THE PRODUCTS, YOU INDICATE YOUR ACCEPTANCE OF
THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT ACCEPT THESE TERMS AND
CONDITIONS OF USE, THEN DO NOT USE THIS WEBSITE OR THE PRODUCTS.

Movable, Inc. ("Movable Ink") provides businesses and organizations with a
variety of products and related tools and resources including:

 * Dynamic and real-time content creation

 * Creative optimization

 * Analytics and reporting

 * Usage monitoring

 * Content delivery network

 * Content authoring tools

 * Integration with external web services and feeds

 * APIs and web services

In addition to the products described above, Movable Ink provides a variety of
related offerings and services. The product offerings and any related offerings
and services are referred to in these Terms and Conditions of Use as the
"Products." In these Terms and Conditions, the term “Communication” means any
email message, web page, advertisement or other communication that is sent,
displayed, targeted, created or customized through use of the Products.

Movable Ink's Products may not be used for the sending of unsolicited
Communications (sometimes called "spam") or for the hosting of illegal or
prohibited content.
The following are the terms and conditions of use for access to this website and
use of the Products ("Terms and Conditions"). By clicking the "I accept" button
on the sign-up page, by logging into your Movable Ink account, by accessing this
website or by accessing the Movable Ink services via any API interface, you
accept these Terms and Conditions of Use.

1. Copyright and Trademark Information
This website, and the information which it contains, is the property of Movable
Ink and its affiliates and licensors, and is protected from unauthorized copying
and dissemination by United States copyright law, trademark law, international
conventions, and other intellectual property laws. Other Movable Ink product or
service names or logos appearing on this website are either trademarks or
registered trademarks of Movable Ink and/or its affiliates. The absence of a
product or service name or logo from this list does not constitute a waiver of
Movable Ink's trademark or other intellectual property rights concerning that
name or logo.

2. Products – Terms and Conditions
The Products are provided subject to these Terms and Conditions of Use, as they
may be amended by Movable Ink, and any guidelines, rules, or operating policies
that Movable Ink may establish and post from time to time (collectively, the
"Agreement"), including without limitation Movable Ink's customer Privacy
Policy, as linked from all Communications generated from Movable Ink or
otherwise furnished to you (unless otherwise stated, all references to the
Agreement shall include the Privacy Policy). By posting updated versions of the
Agreement on the movableink.com website, or otherwise providing notice to you,
Movable Ink may modify the terms of the Agreement and may discontinue or revise
any or all other aspects of the Products in its sole discretion. Except as
otherwise provided in the Agreement, all such changes shall become effective
upon the posting of the revised Agreement on the Product or at Movable Ink's
website. The Products are available only to persons who can form legally binding
contracts under applicable law. Without limiting the foregoing, the Products are
not available to individuals under the age of 18. If you do not qualify, you are
not permitted to use the Products. If you are using the Products in your
capacity as an employee, you must have the ability to bind your employer by your
use of the Products. You must complete the registration form on the Movable Ink
sign-up page in order to use the Products. You shall provide true, accurate,
current, and complete information about yourself as requested in the
registration form. You may from time to time provide Movable Ink's service
personnel with remote access to your accounts and other systems for the purpose
of troubleshooting issues that arise in your use of the Products. You hereby
waive any claim for damages from any problems that may arise from such access,
including without limitation any disruption or damage caused by Movable Ink or
its personnel.

If you are accessing or using the Products through a third-party service or
website (a "Third-Party Service"), you agree and acknowledge that Movable Ink is
not responsible or liable for any actions of such third party or for any aspect
or result of such Third-Party Service. You use such Third-Party Service at your
own risk. You further agree and acknowledge that Movable Ink may terminate such
Third-Party Service's ability to interact with the Products at any time, with or
without notice, and in Movable Ink's sole discretion, with no liability to you
or to the third party.

3. Representations and Acknowledgements
Subject in each case to the terms listed in the remainder of this Agreement, you
hereby represent, acknowledge, and agree that:

 * You agree to pay usage fees for the Products as set forth on Movable Ink's
   website.

 * The Products may not be used for the sending of unsolicited Communications
   (sometimes called "spam").

 * The Products may only be used for lawful purposes.

 * The Products may not be used for hosting content, including images and
   documents, that infringes on the intellectual property rights of others,
   including copyright, trademark and patent infringement, or that includes any
   obscene or libelous material or other material that violates any applicable
   law or regulation.
   You agree you will not access or otherwise use third-party mailing lists or
   otherwise prepare or distribute unsolicited Communications in connection with
   the Products.

 * You agree to import, access, or otherwise use only lists for which all listed
   parties have consented to receive correspondence from you ("Permission-Based
   Lists") in connection with your use of the Products. Mere agreement of a
   person or entity to participate in a survey or register for an event is not
   consent to receive correspondence from you unrelated to such survey or event.
   For respondents to your surveys or registrants to your events, consent to
   receive other correspondence from you is evidenced by the respondent or
   registrant opting into the "Join My Mailing List" link in the course of
   responding to your survey or registering for your event. You hereby covenant
   that you shall not use any other lists in connection with your use of the
   Products.

 * You acknowledge and agree that not all Communications sent through use of the
   Products will be received by their intended recipients.

 * You will comply with the restrictions on content of Communications and
   activities using the Products as set forth or referenced in this Agreement.

 * You acknowledge and agree that you are the sole or designated "sender" (as
   such term is defined in the CAN-SPAM Act of 2003 and any rules adopted under
   such act) of any email message sent by you using the Products.

 * You agree that the "from" line of any email message sent by you using the
   Products will accurately and in a non-deceptive manner identify your
   organization, your product, or your service.

 * You agree that the "subject" line of any email message sent by you using the
   Products will not contain any deceptive or misleading content regarding the
   overall subject matter of the email message.

 * You agree to include, in any email message sent by you using the Products,
   your valid physical address, which may be a valid post office box meeting the
   registration requirements established by the United States Postal Service.

 * In your use of the Products, you agree to represent you or your organization
   accurately and will not impersonate any other person, whether actual or
   fictitious.

 * You agree to not interfere with or disrupt this website or any related
   Movable Ink websites or servers or networks connected to this website or any
   related Movable Ink websites.

 * If you are accessing or using the Products through a Third-Party Service, you
   will abide by this Agreement regardless of anything to the contrary in your
   agreement with such third party. You shall not use such Third-Party Service
   to avoid the restrictions set forth in this Agreement.

 * You agree that you will not represent that the Products are your own or
   otherwise pass off the Products as your own and you acknowledge and agree
   that if you do so, Movable Ink will have the right to terminate immediately
   and permanently your access to and use of the Products and/or any agreement
   you have with Movable.

 * You are responsible for the content of all Communications.

4. Fees and Payment, Fee Schedule

4.1 Fees for the Products. For the Products you will be subject to monthly
subscription fees in accordance with the Fee Schedule and related information
set forth on movableink.com or otherwise as agreed upon in writing between the
parties in an additional agreement or amendment (the "Fee Schedule").

4.2 Fees for Related Offerings and Professional Services. If selected by you,
you will also be billed for related offerings and service in accordance with the
Fee Schedule. In addition, you may also purchase professional services to assist
you with your account. Any professional services purchased by you are subject to
this Agreement.

4.3 Fee Schedule, Discounts. You are responsible for reviewing the Fee Schedule
from time to time and remaining aware of the fees charged by Movable Ink and any
applicable discounts. The Fee Schedule, including prices and any discounts, is
subject to change at any time in Movable Ink's sole discretion. Movable Ink will
use good faith efforts to notify you prior to the effectiveness of any
significant change to the Fee Schedule. If you receive special discounts through
a marketing partner, those discounts may not be available if you cease to
continue to be a customer of the marketing partner, in which case Movable Ink's
standard rates will apply. Movable Ink may rely on information provided by the
applicable marketing partner, if any, with respect to the status of your
account.

4.4 Payment, State and Local Sales Tax. Payment for Products will be made by a
valid credit card accepted by Movable Ink. If the monthly payment option is
selected or if you have previously provided your credit card for payment, you
hereby authorize Movable Ink to charge your credit card for such amounts on a
regular monthly basis until such time as your account is terminated. If Movable
Ink is for any reason unable to effect automatic payment via your credit card,
Movable Ink will attempt to notify you via email and your Movable Ink account
will be disabled until payment is received. Amounts paid for the Products,
including prepayments, are not refundable. Movable Ink is required to collect
and remit sales tax from its customers located in state and local jurisdictions
where software delivered as a service is taxable and where Movable Ink maintains
a physical presence. Movable Ink determines your local taxing jurisdiction based
on the billing address that you list in the "My Account" section of your
account.

4.5 Premium Customers. If you have entered into a separate agreement with
Movable Ink governing your use of the Products and any terms in that separate
agreement (including any statement of work associated with that separate
agreement) conflict with the terms of Sections 4.1 – 4.4 of these Terms and
Conditions, the terms in that separate agreement control.

5. Email, Permission Practices, Image Hosting and Prohibited Content

5.1 Subscriber Opt Out. Every email message sent in connection with the Products
must contain an "unsubscribe" link that allows subscribers to remove themselves
from your mailing list and a link to the then current Privacy Policy. Each such
link must remain operational for a period of thirty (30) days after the date on
which you send the message, and must be in form and substance satisfactory to
Movable Ink. You acknowledge and agree that you will not remove, disable, or
attempt to remove or disable either link. You shall monitor and process
unsubscribe requests received by you directly within ten (10) days of
submission, and update the email addresses to which messages are sent through
your Movable Ink account. Under the CAN-SPAM Act of 2003, you acknowledge that
you are responsible for maintaining and honoring the list of unsubscribe
requests following termination of your account and this Agreement.

5.2 Permission Practices. You agree to import, access, or otherwise use only
Permission-Based Lists in connection with your use of the Products. You hereby
covenant that you shall not use any other lists in connection with your use of
the Products. Without limiting the foregoing, you agree that you shall not
utilize the Product to send any commercial electronic mail message (as that term
is defined in the CAN-SPAM Act of 2003) to any person who has opted out or
otherwise objected to receiving such messages from you or another sender on
whose behalf you may be acting. You cannot mail to distribution lists,
newsgroups, publicly available press or media addresses or spam or unsolicited
email addresses. You cannot copy a Movable Ink template or any other features or
functionality from the Products and use them for any purpose other than sending
email messages from the Products. This restriction also applies to customized
templates prepared by Movable Ink's professional services group. Emails that you
send using the Products may generate spam complaints from recipients. You are
responsible for ensuring that your emails do not generate a number of spam
complaints in excess of industry norms. Movable Ink, in its sole discretion,
shall determine whether your level of spam complaints is within industry norms,
and its determination shall be final, binding, and conclusive for all purposes
under this Agreement. Movable Ink will terminate your use of its Products if
Movable Ink determines that your level of spam complaints is higher than
industry norms (as determined by Movable Ink).

5.3 Documents and Images. Documents and images hosted by Movable Ink on Movable
Ink controlled servers may only be used in connection with the Products and for
no other purpose whatsoever. To the extent you use images provided by Movable
Ink, Movable Ink hereby grants to you a limited, non-exclusive, non-transferable
right to use the images in an unaltered state solely in connection with your use
of the Products.

5.4 Prohibited Content. Movable Ink prohibits the use of the Products or website
by any person or entity that:

 * Provides, sells, or offers to sell any of the following products or content
   (or services related to the same): pornography or illicitly pornographic
   sexual products, including but not limited to magazines, video, and software;
   escort services; dating services; adult "swinger" promotions; illegal goods;
   illegal drugs; illegal drug contraband; pirated computer programs;
   instructions on how to assemble or otherwise make bombs, grenades, or other
   weapons.

 * Displays or markets material that exploits children, or otherwise exploits
   children under 18 years of age.

 * Provides, sells, or offers products, services or content frequently
   associated with unsolicited commercial email, a.k.a. spam, such as online and
   direct pharmaceutical sales, including but not limited to health and sexual
   well-being products, work at home businesses, credit or finance management,
   including but not limited to credit repair and debt relief offerings and
   stock and trading tips, and mortgage finance offers, DJ/nightclub, event/club
   promotions/party lists, and odds making and betting/gambling services,
   including but not limited to poker, casino games, horse and dog racing, and
   college and pro sporting events.

 * Provides material that is grossly offensive, including blatant expressions of
   bigotry, prejudice, racism, hatred, or excessive profanity or post any
   obscene, lewd, lascivious, filthy, excessively violent, harassing, or
   otherwise objectionable content.
   Posts or discloses any personally identifying information or private
   information about children without their consent (or their parents' consent
   in the case of a minor).
   Sells or promotes any products or services that are unlawful in the location
   at which the content is posted or received.

 * Introduces viruses, worms, harmful code and/or Trojan horses on the Internet.
   Promotes, solicits, or participates in pyramid schemes or multi-level channel
   and/or network marketing (MLM) businesses, including but not limited to
   personal work-at-home offers promoting "get rich quick," "build your wealth"
   and "financial independence" offerings.

 * Engages in any libelous, defamatory, scandalous, threatening, or harassing
   activity.
   Posts any content that advocates, promotes, or otherwise encourages violence
   against any governments, organizations, groups, or individuals or which
   provides instruction, information or assistance in causing or carrying out
   such violence.
   Markets to third-party voter registration lists.

 * Provides content, including images, of authors, artists, photographers, or
   others without the express written consent of the content owner.

5.6 Right to Disable Access or Remove Content. Movable Ink, at its own
discretion, may immediately disable your access to the Products or remove all or
a portion of your content, without refund, if Movable Ink believes in its sole
discretion that you have violated any of the policies listed above or this
Agreement.

6. Restrictions and Responsibilities

6.1 No Rights in Software. This is an Agreement for services and access to this
website, and you are not granted a license to any software by this Agreement.
You will not, directly or indirectly, reverse engineer, decompile, disassemble,
or otherwise attempt to discover the source code, object code, or underlying
structure, ideas, or algorithms of, or found at or through the Products or any
software, documentation, or data related to the Products ("Software"); remove
any proprietary notices or labels from the Products or any Software, modify,
translate, or create derivative works based on the Products or any Software; or
copy, distribute, pledge, assign, or otherwise transfer or encumber rights to
the Products or any Software.

Unless you are an authorized reseller of the Products, you may not display,
copy, reproduce, or distribute the Software, any component thereof, any
documentation provided in connection with the Products or the Software, or any
content, including but not limited to newsletters, distributed to you by Movable
Ink in connection with the Products. Violation of these restrictions may result
in the termination of this Agreement.

6.2 Permitted Use of the Products. The Products shall be used for your internal
business (which includes civic or charitable) purposes only, and you shall not
use the Products or any Software for timesharing or service-bureau purposes or
otherwise for the benefit of a third party. If you are using the Products in any
jurisdiction which restricts the ability of a software provider to restrict your
right to reverse engineer, decompile, disassemble, or otherwise attempt to
discover the source code, object code, or underlying structure, ideas, or
algorithms of the Software or Products, then you hereby covenant that, prior to
engaging in such activities, you will first request that Movable Ink perform
such work at its standard professional services rates. Movable Ink can then
decide either: (i) to perform the work in order to achieve such interoperability
and charge its then standard rates for such work to you; (ii) to permit you to
reverse engineer parts of the Software in order to obtain such source code, but
only to the extent necessary to achieve such interoperability; or (iii) provide
you with the information that you need regarding the Software for the purpose
for which applicable law permits you to engage in such activities despite a
contractual prohibition on such activities.

6.3 Compliance with Laws, Monitoring. In using the Products, you agree to abide
by all applicable laws, rules, regulations and other legal requirements
(“Laws”), including laws governing online activities, reading or writing of
cookies or other information on an end-user’s device, privacy, email marketing
and anti-spam laws, as well as any requirements imposed by third parties whose
products or services that you use in connection with the Products (such as terms
of use imposed by a third-party platform through which you send communications
that are tailored by the Products). In these Terms and Conditions, the term
“Communication” means any email message, web page, advertisement or other
communication that is sent, displayed, targeted, created or customized through
use of the Products.

6.4 Your Information. In using the varied features of the Products, you may
provide information about yourself or your employer (such as name, contact
information, or other registration information) to Movable Ink. Movable Ink may
use this information and any technical information about your use of the
Products to tailor its presentations to you, facilitate your movement through
the Product, or communicate separately with you. If you accessed the Products as
a result of solicitation by a marketing partner of Movable Ink, Movable Ink may
share your information with the marketing partner and the marketing partner may
share related information with Movable Ink. Except as described above, Movable
Ink will not provide your information, including your contact and account
information, to third parties whom you have not authorized to receive such
information, except (i) as required by law or court order, including without
limitation, judicial process, and law enforcement, or in the good-faith belief
that such action is necessary to comply with law or a court order; or (ii) if
your Movable Ink account was terminated due to unsolicited commercial email
being sent from your Movable Ink account. Movable Ink will never sell or rent
your contact lists to anyone without your permission, and will never utilize
your subscriber or contact list for internal marketing or promotional purposes
or for any purpose other than providing the service.

6.5 Intellectual Property Matters. You agree that you will not upload or
transmit any contact lists, communications, or content of any type to this
website or in connection with the Products that infringe, misappropriate, or
violate any rights of any party. By submitting ideas, concepts, inventions, or
content to this website or using them in connection with the Products, you agree
that such submission is non-confidential for all purposes. If you make any such
submission, you agree that you will not send or transmit to Movable Ink or to
any third party using the Products, any communication or content that infringes
or violates any rights of any party. If you submit any business information,
ideas, concepts, or inventions or content to Movable Ink by email, you agree
such submission is non-confidential for all purposes. If you make any submission
to this website or if you submit any business information, idea, concept,
invention, or content to Movable Ink by email or use any business information,
idea, concept, invention, or content in connection with the Products you
automatically grant or warrant that the owner of such content or intellectual
property has expressly granted Movable Ink a non-exclusive, royalty-free,
perpetual, irrevocable, worldwide license, with the right to sublicense, to use,
reproduce, create derivative works from, modify, publish, edit, translate,
distribute, perform, and display such content in any manner. The foregoing
license grant shall not apply to your contact lists and the content you deliver
to or through the Products ("Customer Information") and you hereby separately
grant to Movable Ink a revocable, non-exclusive, royalty-free, worldwide
license, with the right to sublicense, to use, reproduce, publish, distribute,
perform, and display the Customer Information only as required by Movable Ink to
offer and operate the Products and related services, including available
offerings from third parties.

6.6 Information Collection. For purposes of providing the Services, Client
hereby grants Movable an irrevocable license during the Term to (a) employ all
information provided by Client and (b) collect information through the Services,
including a unique user identifier, information about an individual’s
interaction with Client’s website, emails or other Communications (as
applicable), the type of device, browser and/or computer on which a
Communication is opened, the individual’s IP address, the approximate location
of a device and the amount of time it took to read the Communication (the
foregoing, along with any other data lawfully collected by Movable through the
Services, is referred to as “Service Data”). Movable may access, de-identify and
aggregate any such Service Data and use it solely for (i) internal purposes such
as evaluating and improving the Services, (ii) creating analytics and predictive
datasets regarding consumer behavior and interests and (iii) creating and
distributing benchmark reports that report on general trends; provided that any
such data is not publicly identified or identifiable as originating with or
associated with Client or any individual person. Client shall not transmit to
Movable, through the Services or otherwise, any "Sensitive Personal Data."
Sensitive Personal Data consists of: (a) all government-issued identification
numbers, including US Social Security numbers, driver's license numbers, and
passport numbers; (b) all financial account numbers, including bank account
numbers, credit/debit card numbers, passwords and other information if that
information would permit access to a financial or other account; (c) all
information relating to racial or ethnic origin, political opinions, religious
or philosophical beliefs, trade-union membership, health, sex life, criminal
matters or offenses, biometrics, and physical, physiological, genetic, mental,
economic, cultural or social identity of a natural person or any minor under the
age of thirteen that would be subject to the Children Online Privacy Protection
Act; and (d) any other personal data designated by applicable law as "sensitive
personal data," "special categories of data" or similar designation.

7. Indemnification

You hereby agree to defend, indemnify, and hold harmless Movable Ink and its
business partners, third-party suppliers and providers, licensors, officers,
directors, employees, distributors, and agents against any damages, losses,
liabilities, settlements, and expenses (including without limitation, costs and
reasonable attorneys' fees) in connection with any claim or action that (i)
arises from any alleged breach of this Agreement, (ii) arises from the content
or effects of any Messages, or (iii) otherwise arises from or relates to your
use of the Products. In addition, you acknowledge and agree that Movable Ink has
the right to seek damages when you use the Products for unlawful purposes, in an
unlawful manner, and/or in a manner inconsistent with the terms of this
Agreement, and that such damages may include, without limitation, direct,
indirect, special, incidental, cover, reliance, and/or consequential damages. In
addition, in the event that Movable Ink is required to respond to a third-party
or law enforcement subpoena that is related to your use of the Products, Movable
Ink may in its sole discretion require you to reimburse Movable Ink for its
reasonable expenses associated with complying with such subpoena.

8. Warranty Disclaimer, Remedies

USE OF THE PRODUCTS AND ANY RELIANCE BY YOU UPON THE PRODUCTS, INCLUDING ANY
ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK.
MOVABLE INK DOES NOT WARRANT THAT THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR
FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM
USE OF THE PRODUCTS. THE PRODUCTS ARE PROVIDED "AS IS" AND MOVABLE INK DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NONINFRINGEMENT.

Your sole and exclusive remedy for any failure or nonperformance of the Products
shall be for Movable Ink to use commercially reasonable efforts to adjust or
repair the Products.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND
UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL MOVABLE INK OR ANY OF
ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS,
ACCOUNT PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, DISTRIBUTORS, OR
AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS "MOVABLE INK")
BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT,
INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF
MOVABLE INK SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR
ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT, NOTWITHSTANDING THE FOREGOING,
MOVABLE INK IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND
REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING
NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE MAXIMUM AGGREGATE LIABILITY OF
MOVABLE INK TO YOU ARISING IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO
THE AMOUNT YOU PAID FOR THE PRODUCTS IN THE TWELVE (12) MONTHS PRIOR TO THE
ACCRUAL OF THE APPLICABLE CLAIM, LESS ANY DAMAGES PREVIOUSLY PAID BY MOVABLE INK
TO YOU IN THAT TWELVE (12) MONTH PERIOD. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS
LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

10. Restricted Persons, Export of Products, or Technical Data

You hereby warrant that you are not a Restricted Person. For purposes of this
Agreement, you are a Restricted Person if you or any officer, director, or
controlling shareholder of the entity on behalf of which you are using the
Products is (1) a national of or an entity existing under the laws of Cuba,
Iran, Sudan, Syria, or any other country with which U.S. persons are prohibited
from engaging in transactions, as may be determined from time to time by the
U.S. Treasury Department; (2) designated as a Specially Designated National or
institution of primary money laundering concern by the U.S. Treasury Department;
(3) listed on the Denied Persons List or Entity List by the U.S. Commerce
Department; (4) engaged in nuclear, missile, chemical, or biological weapons
activities to which U.S. persons may not contribute without a U.S. Government
license; or (5) owned, controlled, or acting on behalf of a Restricted Person.
If you become a Restricted Person during the term of this Agreement, you shall
notify Movable Ink within twenty-four (24) hours, and Movable Ink shall have the
right to terminate any further obligations to you, effective immediately and
with no further liability to you, but without prejudice to your outstanding
obligations to Movable Ink.

You agree that you shall not utilize the Products to conduct or facilitate any
transaction with any Restricted Person, except as may be expressly authorized in
advance in writing by the U.S. Government. You may not remove or export from the
United States or allow the export or re-export of the Products, or any direct
product thereof, including technical data, in violation of any restrictions,
laws, or regulations of the United States or any other applicable country.

11. Third-Party Websites and Services

This website may contain links to non-Movable Ink websites and access to certain
third-party services, which may include, without limitation, social bookmarking
services. These links and services are provided to you as a convenience, and
Movable Ink is not responsible for the content of any linked website or use of
any third-party service. Any non-Movable Ink website or service accessed from
this website is independent from Movable Ink, and Movable Ink has no control
over, and assumes no responsibility for, the content, privacy policy, terms of
use, and practices of such website or service. Any such website or service has
terms of use and a privacy policy that is different than this Agreement and
Movable Ink's Privacy Policy. In addition, a link to any non-Movable Ink website
or access to a third-party service does not imply that Movable Ink endorses or
accepts any responsibility for the content or use of such website or service. By
using any such website or service, you expressly relieve Movable Ink from any
liability arising from your use of such third-party website and service and any
related content.

12. Monitoring Communications
You understand, agree, and acknowledge that Movable Ink may in its discretion,
but is not obligated to, monitor or record any of your telephone conversations
with Movable Ink for quality-control purposes, for purposes of training its
employees, and for its own protection. You acknowledge and understand that not
all telephone lines or calls are recorded by Movable Ink, and Movable Ink does
not guarantee that recordings of any particular telephone calls will be retained
or capable of being retrieved.

13. No Implied Endorsements
In no event shall any reference to any third party or third-party product or
service be construed as an approval or endorsement by Movable Ink of that third
party or of any product or service provided by a third party.

14. Notice and Take Down Procedures, Copyright Agent

If you believe any materials accessible on or from this website or the Products
infringe your copyright or other intellectual property, you may request removal
of those materials (or access thereto) from this website or the Products by
contacting Movable Ink's copyright agent (identified below) and providing the
following information:

 * Identification of the copyrighted work that you believe to be infringed.
   Please describe the work, and where possible, include a copy or the location
   (e.g., URL) of an authorized version of the work.

 * Identification of the material that you believe to be infringing and its
   location. Please describe the material, and provide us with its URL or any
   other pertinent information that will allow us to locate the material.

 * Your name, address, telephone number, and (if available) email address.

 * A statement that you have a good-faith belief that the complained of use of
   the materials is not authorized by the copyright owner, its agent, or the
   law.

 * A statement that the information that you have supplied is accurate, and
   indicating that "under penalty of perjury," you are the copyright owner or
   are authorized to act on the copyright owner's behalf.

 * A signature or the electronic equivalent from the copyright holder or
   authorized representative.

Movable Ink's agent for copyright issues relating to this website and the
Products is as follows:
DMCA Agent
c/o Movable, Inc.
5 Bryant Park
9th Floor
New York City, NY 10018, USA

support@movableink.com

In an effort to protect the rights of copyright owners, Movable Ink maintains a
policy for the termination, in appropriate circumstances, of subscribers and
account holders of this website who are repeat infringers.

15. Username and Password

You are responsible for maintaining the security of your account, passwords, and
files. Movable Ink will accept the instructions of any individual who claims to
be authorized to direct changes to your account so long as such person presents
your username and password or provides other appropriate account identifying
information as determined by Movable Ink in its discretion, by email or by
phone, or through a Third-Party Service, if any, through which you access the
Products. Movable Ink has no knowledge of your organizational structure, if you
are registering for the Products as an entity, or your personal relationships,
if you are a person. Movable Ink shall not be responsible for the actions of any
individuals who misuse or misappropriate your contact lists or other assets
using your username and password or other appropriate account-identifying
information.

16. Confidentiality

All intellectual property and proprietary information incorporated into the
Products, all documentation provided to you by Movable Ink, and all other
information or know-how that relates to Movable Ink's operations, future
business plans, or other proprietary information shall be considered
confidential information of Movable Ink ("Confidential Information"). You may
use Confidential Information received from Movable Ink solely in connection with
your use of the Products provided by Movable Ink during the term of the
Agreement. You will use the same means you use to protect your own Confidential
Information, but in any event not less than reasonable means, to prevent the
disclosure and to protect the confidential and proprietary nature of the
Confidential Information you receive or learn from Movable Ink. Notwithstanding
anything to the contrary contained in these Terms of Use, you may provide access
to and permit the use of the Confidential Information to third parties providing
services to you who have a business need to access such Confidential Information
in connection with enabling you to use the Products so long as you secure
execution by such third parties of a confidentiality agreement containing
restrictions on disclosure of such Confidential Information at least as
restrictive as those provided for in these Terms of Use.

17. Miscellaneous

17.1 If any provision of the Agreement is found to be unenforceable or invalid,
that provision will be limited or eliminated to the minimum extent necessary so
that this Agreement will otherwise remain in full force and effect and
enforceable.

17.2 Movable Ink and you agree that this Agreement is the complete and exclusive
statement of the mutual understanding of the parties and supersedes and cancels
all previous written and oral agreements, communications, and other
understandings relating to the subject matter of this Agreement, and that all
waivers and modifications must be in a writing signed by both parties, except as
otherwise provided herein. No delay or omission by either party in exercising
any right or remedy under this Agreement or existing at law or equity shall be
considered a waiver of such right or remedy.

17.3 No agency, partnership, joint venture, or employment is created as a result
of the Agreement, and you do not have any authority of any kind to bind Movable
Ink in any respect whatsoever.

17.4 In any action or proceeding to enforce rights under the Agreement, the
prevailing party will be entitled to recover its costs and attorneys' fees.

17.5 The Agreement shall be governed by the laws of the state of New York, USA
without regard to its choice or law or conflict of laws provisions. All legal
actions in connection with the Agreement shall be brought in the state or
federal courts located in New York, New York.

18. Logo and Name Usage

Logo and Name Usage. Movable may use Customer name and logo within sales and
marketing material and on the Movable Website located at: http://movableink.com.
Customer agrees to share pre- and post- send metrics of subscriber engagement
and conversion percentages in order to measure the impact of the technology.
Customer also agrees to provide a case study and testimonials if the technology
delivers a net positive impact on key performance metrics.

Additional Information
If you have any questions about the rights and restrictions above, please
contact Movable Ink by email at contact@movableink.com.




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NYC, NY 10018
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