ecloudCARD
Terms of Use

PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS IMPORTANT
INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS. IT ALSO CONTAINS A
DISPUTE RESOLUTION CLAUSE.

Welcome to ecloudCARD We are glad to have you as part of our
service. We are committed to providing the best possible value and
convenience for you. Before you get started, you must read and agree
to these Terms of Use. Thank you.

Acceptance of Terms of Use

By downloading and using ecloudCARD ("ecloudCARD ", "we"
or "us") ecloudCARD or ecloudCARD WAP Services
(collectively, the "ecloudCARD Service"), you accept and
agree to be bound by these Terms of Use. ecloudCARD may at any time
modify these Terms of Use. You can review the most current version of
it by clicking on the "Terms of Use" link located at the
bottom of the ecloudCARD website. The most current version will
supersede all previous versions. By continuing to use the ecloudCARD
service after changes are made, you agree to be bound by such
changes.

Limitations on Use

You must be at least 13 years old to download and use the
ecloudCARD service, or, if you are not at least 13, you may download
and/or use the ecloudCARD service only in conjunction with, and under
the supervision of, your parent or guardian. If you do not qualify,
please do not download the ecloudCARD service.

ecloudCARD reserves the right to terminate accounts, refuse
service or cancel orders at its sole discretion.

Charges for Using the ecloudCARD Service

ecloudCARD is currently a complimentary service. However, when you
use the ecloudCARD service, you may be subject to charges imposed by
your wireless or other applicable carrier. Payment of such charges is
solely your responsibility.

Privacy

Any information that you submit or we collect when you are using
the ecloudCARD service is subject to the ecloudCARD Privacy Policy,
the terms of which are incorporated into these Terms of Use.

Intellectual Property

ecloudCARD and/or its licensors are the sole owners of the
ecloudCARD service, which includes any software, method of doing
business, domains, and content made available through it. The
ecloudCARD service is protected by U.S. and international copyright
and other intellectual property laws. It is for your own personal and
non-commercial use only, and ecloudCARD grants you a limited license
for that purpose. Without limitation, this means that you may not
sell, export, license, modify, copy, reverse engineer, distribute or
transmit the ecloudCARD service without ecloudCARD’s prior express
written permission. Any unauthorized use of the ecloudCARD service
will terminate the limited license granted by us. ecloudCARD and
other marks, graphics, logos, icons and service names related to the
ecloudCARD service are registered and unregistered trademarks or
trade dress of ecloudCARD . They may not be used without ecloudCARD
‘s prior express written permission. All other trademarks not owned
by ecloudCARD that appear in connection with the ecloudCARD service
are the property of their respective owners, who may or may not be
affiliated with, connected to or sponsored by ecloudCARD .

Electronic Communications

By downloading and/or using the ecloudCARD service, you consent to
receiving electronic communications and notices from ecloudCARD. You
agree that any notice, agreement, disclosure or other communications
that we send to you electronically will satisfy any legal
communication requirements, including that such communications be in
writing.

Your Conduct

By downloading and using the ecloudCARD service, you agree not to
upload, post, e-mail or otherwise send or transmit any material that
contains viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any
computer software or hardware or telecommunications equipment
associated with the ecloudCARD service. You also agree not to
interfere with the servers or networks connected to the ecloudCARD
service or to violate any of the procedures, policies or regulations
of networks connected to the ecloudCARD service, the terms of which
are incorporated herein. You also agree not to: (1) impersonate any
other person while using the ecloudCARD Service; (2) conduct yourself
in a vulgar, offensive, harassing or objectionable manner while using
the ecloudCARD service; (3) use the ecloudCARD service for any
unlawful purpose; or (4) resell or export the software associated
with the ecloudCARD service.
ecloudCARD does not promote,
recommend or condone use of the ecloudCARD service during certain
activities, such as automobile driving, where there is a significant
risk of accident. You agree not to use the ecloudCARD service during
such activities.

Use of Information Submitted

You agree that ecloudCARD is free to use any comments, information
or ideas contained in any communication you may send to ecloudCARD
without compensation, acknowledgement or payment to you for any
purpose whatsoever, including, but not limited to, developing,
manufacturing and marketing products and services and creating,
modifying or improving the ecloudCARD service or other products or
services.

No Warranty & Liability Limit

ITEXT44U PROVIDES THE ecloudCARD SERVICE "AS IS" AND
WITHOUT ANY WARRANTY OR CONDITION, WHETHER EXPRESS, IMPLIED OR
STATUTORY. ecloudCARD SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES
OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. Some states do not allow the disclaimer of implied
warranties, so the foregoing disclaimer may not apply to you.
ecloudCARD assumes no liability or responsibility for any errors or
omissions in the ecloudCARD service; any failures, delays or
interruptions in the ecloudCARD service; any losses or damages
arising from the use of the ecloudCARD service, including, without
limitation, any damage to your mobile device; or any conduct by users
of the ecloudCARD service. We reserve the right to deliver the
ecloudCARD service in our sole and absolute discretion.
IN NO
EVENT SHALL ecloudCARD , ITS SHAREHOLDERS, DIRECTORS, OFFICERS,
EMPLOYEES OR AGENTS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR LOSS
OF USE OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES
ARISING OUT OF OR IN CONNECTION WITH THE ecloudCARD SERVICE OR THESE
TERMS OF SERVICE, ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT
ADVISED OF THE POSSIBILITY OF DAMAGE. Some states do now allow the
exclusion of certain damages, so the above may not apply to you. If
any applicable authority holds any portion of this section to be
unenforceable, then liability will be limited to the fullest possible
extent permitted by applicable law.

Indemnity

You agree to indemnify and hold ecloudCARD and its related
companies, and each of their respective shareholders, directors,
officers, employees, agents and merchant partners harmless from and
against any third-party claim or cause of action, including
reasonable attorneys’ fees and court costs, arising, directly or
indirectly, out of your use of the ecloudCARD service or your
violation of any law or the rights of any third party.

Disputes

1. Governing Law
YOU AGREE THAT THESE TERMS OF SERVICE OR ANY
CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR
OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING
STATUTORY, COMMON LAW AND EQUITABLE CLAIMS) BETWEEN YOU AND
ecloudCARD arising from or relating to these Terms of Use, their
interpretation or breach, termination or validity, the relationships
which result from these Terms of Use, the ecloudCARD service,
ecloudCARD ‘s advertising or any related transaction SHALL, TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BE GOVERNED BY THE LAWS
OF THE STATE OF NEW YORK, WITHOUT REGARD TO ITS CONFLICTS OF LAWS
RULES.
2. Binding Arbitration
ANY CLAIM, DISPUTE OR
CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER
PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW,
INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN YOU AND ecloudCARD ,
its agents, employees, principals, successors, assigns, affiliates
(collectively for purposes of this paragraph, "ecloudCARD ")
arising from or relating to these Terms of Use, their interpretation
or breach, termination or validity, the relationships which result
from these Terms of Use (including, to the full extent permitted by
applicable law, relationships with third parties who are not
signatories to these Terms of Use), the ecloudCARD service,
ecloudCARD ‘s advertising or any related transaction SHALL BE
RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED
BY THE AMERICAN ARBITRATION ASSOCIATION, JAMS OR THE NATIONAL
ARBITRATION FORUM, IN ACCORDANCE WITH THEIR APPLICABLE RULES, OR ANY
OTHER ESTABLISHED ALTERNATIVE DISPUTE RESOLUTION PROVIDER MUTUALLY
AGREED UPON BY THE PARTIES. The arbitration will be limited solely to
the dispute between you and ecloudCARD . NEITHER YOU NOR ITEXT44U
SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER
CUSTOMERS OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION
OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. Any award of the
arbitrator shall be final and binding on each of the parties and may
be entered as a judgment in any court of competent jurisdiction. Each
party shall pay its own costs and attorneys’ fees. However, if any
party prevails on a statutory claim that affords the prevailing party
attorneys’ fees, or if there is a written agreement providing for
fees, the arbitrator may award reasonable fees to the prevailing
party, under the standards for fee shifting provided by law.
3.
Limitations of Actions
Any claim or cause of action arising out
of or related to your use of the ecloudCARD service must be
filed within one (1) year after such claim or cause of action arose,
regardless of any statute or law to the contrary. In the event any
such claim or cause of action is not filed within such one (1) year
period, such claim or cause of action shall be forever barred.

Right to Terminate

ecloudCARD reserves the right in its sole discretion to terminate
or restrict your use of the ecloudCARD service, without notice, for
any or no reason whatsoever.

General

If any provision of these Terms of Use is held to be invalid or
unenforceable, such provision shall be struck, and the remaining
provisions shall be enforced. Headings are for reference purposes
only and in no way define, limit, construe or describe the extent or
scope of such section. Our failure to enforce any provision of these
Terms of Use shall not constitute a waiver of that or any other
provision. These Terms of Use set forth the entire understanding and
agreement between you and ecloudCARD with respect to the subject
matter hereof.

Contact Us

If you have any questions about these Terms of Use or the download
and/or use of the ecloudCARD Use, please contact us at:
support@ecloudcard.com