ej4, LLC

Terms of Use Policy

(Effective: May 25, 2018)                

Welcome to the EJ4, LLC web site.  The EJ4 website, www.ej4.com, (the “Site”) is owned and operated by EJ4, LLC, a Missouri limited liability company (“EJ4”).  EJ4 has adopted the Terms of Use Policy (“Terms of Use”) to make you aware of the terms and conditions of your use of the Site.  By using the Site, you agree to be bound by this Agreement, whether you are a “visitor” (which means that you simply browse the Site) or you are a “member” (which means that you have completed the Site registration process).  The term “User” refers to a visitor or a member.  If you do not agree to the Terms of Use, please do not use the Site.  We reserve the right, at our discretion, to change, modify, add or remove portions of the Terms of Use at any time by posting such changes to this page.  Please check the Terms of Use periodically for changes.  The continued use of the Site following the posting of changes to these terms will mean you accept those changes.

The disclaimers, terms and conditions on these pages are of general application and may be supplemented by additional policies, procedures, disclaimers, guidelines, rules, terms or conditions of specific application disclosed on any particular page of this Site, including through a registration process or other means.  In the event of a conflict between the Terms of Use and any additional policies, procedures, disclaimers, guidelines, rules, terms or conditions of specific application, the additional policies, procedures, disclaimers, guidelines, rules, terms or conditions of specific application shall control.

GENERAL TERMS OF USE AND RESTRICTIONS ON USE OF MATERIALS

All materials contained in this Site are protected by United States and international trademark and copyright laws, are owned or controlled by EJ4 and must only be used for certain limited purposes.  You may only view or download material from this Site for your own use and you must keep all copyright and other proprietary notices attached to the viewed or downloaded material.

The reproduction, duplication, distribution (including by way of email, facsimile or other electronic means), publication, modification, copying or transmission of material from this Site is STRICTLY PROHIBITED without the prior written consent of EJ4 or unless expressly permitted by this Site or other written agreement with EJ4.  This includes, without limitation, any application, text, graphics, logos, photographs, audio or video material or stills from audiovisual material available on this Site by EJ4 (“EJ4 Content”) or any User (“User Content”, and collectively with the EJ4 Content, “Content”).  The use of Content from this Site on any other web site or networked computer environment is similarly prohibited.  Requests for permission to reproduce or distribute materials found on this Site, or to otherwise make EJ4 Content available to any third party, can be made by contacting EJ4 in writing at the address listed below.  You are also strictly prohibited from creating works or materials that derive from or are based on the Content or other materials contained in this Site including, without limitation, fonts, icons, link buttons, wallpaper, desktop themes and unlicensed merchandise.  This prohibition applies regardless of whether the derivative materials are sold, bartered or given away.

If you do not comply with the Terms of Use at any time, we reserve the right to terminate, limit, or otherwise alter your access to the Site or Content.  We may discontinue or alter any aspect of the Site or EJ4 Content, including, but not limited to, (i) restricting the time the Site is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any User’s right to use the Site or the EJ4 Content, at our sole discretion and without prior notice or liability. 

YOUR PRIVACY 

In an effort to address your privacy concerns, EJ4 has instituted the Privacy Policy found at (“Privacy Policy”), incorporated herein by this reference.  EJ4 reserves the right to change the Privacy Policy as set forth therein.  You acknowledge that you have read and understand the Privacy Policy and that you have the obligation to periodically review the Privacy Policy from time to time.  In the event any provisions contained in this Agreement conflict with any terms, conditions or clauses contained in the Privacy Policy, the provisions of this Agreement shall govern. 

In accordance with these Terms of Use and the Privacy Policy, EJ4 may disclose certain information to trusted affiliates, independent contractors and partners who will use the information for certain business purposes deemed to be aligned with our goals and business objectives.  In addition, we may transfer information collected from Users in connection with a sale or restructuring of EJ4.  You acknowledge and agree that EJ4 may preserve and disclose User Content if required to do so by law or if EJ4 believes in good faith that such preservation or disclosure is reasonably necessary to comply with legal process, enforce this Agreement, respond to a claim that User Content violates any third party’s rights, or protect the right, property or personal safety of EJ4, any Users of the Site, and the public. 

ORDERS

EJ4 may allow users to place Orders for products and/or services via the Web Site or through a third-party affiliate.  “Order” shall mean any order placed by a user for products and/or services via the Web Site that is accepted by EJ4.  In the event that you are a User placing an Order to purchase products and/or services, you are subject to the additional terms of this section as well as any other terms and conditions regarding the purchase of such products and/or services provided by EJ4 throughout the Web Site or otherwise.  Upon placing an Order, you agree to pay to EJ4 the purchase price for the products or services set forth in the Order.  Prices and availability of products are subject to change without notice. 

USER COMMENTS, FEEDBACK, POSTCARDS AND OTHER SUBMISSIONS

We welcome your comments regarding the Site.  However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) shall be and remain the exclusive property of EJ4.  Your submission of any such Comments shall constitute an assignment to EJ4 of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments.  EJ4 will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction or prior notice and without compensating you in any way.  For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.

LINKS 

As a service to our Users, we provide information about other resources that may be of interest.  However, we are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources, and the presentation of third-party links or content is not an endorsement, sponsorship or recommendation by EJ4.  Furthermore, EJ4 expressly disclaims any liability associated with material posted by third parties.  Please be aware that when you exit our Site, you are subject to the policies of the new web site.  You further acknowledge and agree that EJ4 shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, goods or services available on or through any third-party site or resource.  Any opinions, advice, statements, services, offers or other information or content made available by third parties are those of the respective author(s), and EJ4 is not responsible for any material posted by third parties. 

PROHIBITED ACTIVITIES

You shall not (nor cause any third party to) use the Site to perform any illegal or immoral activities (including without limitation defaming, abusing, harassing, stalking, threatening or otherwise violating the legal rights - such as rights of privacy of others) or any of the following types of activities, without limitation:

  • disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, pornographic, obscene or otherwise objectionable material;
  • transmitting information that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  • transmitting any material that contains software viruses, trojan horses, worms, time bombs, cancelbots, or any other computer code, files, or programs which may interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • impersonating anyone or any entity, falsely stating or otherwise misrepresenting your affiliation with a person or entity;
  • advertising or commercial content;
  • interfering with or disrupting the Site;
  • disrupting the activities or enjoyment of the Site for other Users; or
  • collecting, or storing personal data about other Users.

You agree to abide by all applicable local, state and federal laws and regulations and are solely responsible for all acts or omissions taken by you (including actions that occur under your account or password, if any), including without limitation any of the User Content created or submitted by you.

RELEASE / INDEMNIFICATION

You agree to release EJ4, its parents and affiliates together with their respective employees, agents, officers, directors and shareholders, from any and all liability and obligations whatsoever in connection with or arising from your use of the Site.  If at any time you are not happy with the Site or object to any material within the Site, your sole remedy is to cease using them.

You agree to defend, indemnify and hold EJ4, its members, managers, officers, employees and agents harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site or any services or products offered by EJ4.

EXCLUSION OF WARRANTIES / DISCLAIMER

Although we try to ensure that the information contained on this Site is as accurate as possible, we give no warranty of any kind regarding the Site and/or any materials provided on the Site.  Further, EJ4 does not warrant the accuracy, completeness, currency, or reliability of any of the Content found on the Site, THAT THE RESULTS OBTAINED FROM THE USE OF ANY INFORMATION FOUND ON THE SITE WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.  EJ4 expressly disclaims all warranties, representations, conditions, undertakings or other obligations including any implied warranties of merchantability, fitness for a particular purpose, non-infringement and any warranty that the Site, EJ4 Content or any software will be error-free or that such errors will be corrected, all of which are hereby excluded to the fullest extent permitted by law.  If EJ4 is informed of any inaccuracies on the Site, we will attempt to correct the inaccuracies as soon as we reasonable can.  If you obtain a product or service from EJ4 from the Site that is provided without an agreement, that product or service is provided ON AN “AS IS” BASIS. 

FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE. 

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT EJ4 SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF EJ4 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (iv) ANY OTHER MATTER RELATING TO THE SITE. IN NO EVENT SHALL EJ4’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.  ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Notice and Procedure for Making Claims of Copyright Infringement

Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement on this Site should be sent ONLY to our Designated Agent.

NOTE: THE FOLLOWING INFORMATION IS PROVIDED SOLELY FOR NOTIFYING EJ4 THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED.

DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (e.g. REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF E-MAIL ABUSE, etc.)  TO THE CONTACT LISTED BELOW.  YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT.

WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES.  THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION.  YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.

Under Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed Infringement must include the following:

  1. An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest;
  2. Identification of the copyrighted work (or works) that you claim has been infringed;
  3. A description of the material that you claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the page of the web site where it is lawfully posted; the name, edition and pages of a book from which an excerpt was copied, etc.);
  4. A clear description of where the infringing material is located on our web site, including as applicable its URL, so that we can locate the material;
  5. Your name, address, telephone number, and e-mail address;
  6. A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  7. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

GOVERNING LAW AND OTHER MISCELLANEOUS TERMS

The validity and effect of the Terms of Use shall be governed by and construed and enforced in accordance with the laws of the State of Missouri, USA, without regard to its conflicts of laws principles.  In the event litigation is instituted hereunder, each User consents to the exclusive jurisdiction of any federal or state court situated in Jackson County, MO, as EJ4 selects in its sole discretion.  The prevailing party shall be entitled to recover its attorneys’ fees and court costs, together with any other relief awarded by a court of competent jurisdiction.  ANY SUIT, ACTION OR PROCEEDING CONCERNING THE SITE, ITS USE, THESE TERMS OF USE, OR CONCERNING ANY OTHER POLICY OR PROCEDURE OF EJ4, MUST BE BROUGHT IN A COURT OF COMPETENT JURISDICTION IN MISSOURI, AND YOU HEREBY IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURT (AND OF THE APPROPRIATE APPELLATE COURTS THEREFROM) IN ANY SUCH SUIT, ACTION OR PROCEEDING; AND YOU IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION WHICH YOU MAY NOW OR HEREAFTER HAVE TO THE LAYING OF THE VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING IN ANY SUCH COURT OR THAT ANY SUCH SUIT, ACTION OR PROCEEDING WHICH IS BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.

CHANGES TO OUR POLICIES 

Our Terms of Use Policy is intended to provide you with the safest and most secure experience possible.  Since offerings and technologies change, we reserve the right to change, modify, add or remove portions of our Policy at any time without prior notice.  If you have any questions, or would like further clarification, please e-mail us at privacy@ej4.com.  Any changes in EJ4’s policies will be communicated on this page.

This Site is operated by EJ4.  All inquiries may be directed to:

EJ4, LLC

www.ej4.com

Email:  privacy@ej4.com