Terms and Conditions
Welcome to the TWIML Solutions Guide website. These terms, conditions, and notices (“Terms”) govern your access to and use of the TWIML Solutions Guide website, including access and use through any other website or platforms or mobile applications, (“Site”). By accessing or using this Site in any manner, you agree to the following Terms with TWIML Solutions Guide DBA CloudPulse Strategies (“CloudPulse”). Please read these Terms carefully. If you do not accept all of these Terms, you may not use this Site.
Please return to this page periodically to review the most current version of these Terms. We may modify these Terms or any additional terms that apply to this Site to, for example, reflect changes to the law or changes to this Site. We will notify you about material changes to these Terms by either sending a notice to the email address you provided to us and/or by placing a prominent notice of modifications to these Terms on this page. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions or features of this Site or changes made for legal reasons will be effective immediately. If you do not agree to the modified Terms, you should discontinue your use of this Site.
The terms “we”, “us”, “our” and “CloudPulse” refer to CloudPulse Strategies., a Missouri corporation with mailing address 231 S Bemiston Ave Ste 850 PMB 31248 Saint Louis, Missouri 63105-1920, US. The term “you” refers to the person visiting this Site and/or contributing content on this Site. If you are accessing or using this Site on behalf of a business, that business accepts these Terms, and the term “you” also refers to that business.
Use of this site
This Site allows you to search for and share information about AI platform technology products, services, and vendors, communicate with others, and/or create new content such as recommendations and reviews (both written and video). You also can connect with software providers and request demos of their products.
As a condition of your use of this Site, you warrant that (i) all information supplied by you on this Site is true, accurate, current, and complete, (ii) if you have a TWIML Solutions Guide account (“Registered User”), you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you, and (iii) you are 18 years of age or older. CloudPulse does not knowingly collect the information of anyone under the age of 18. We retain the right at our sole discretion to deny access to anyone to this Site and the content we offer, at any time and for any reason, including, but not limited to, for violation of these Terms.
Please be advised that all reviews, including any endorsements, of third-party products, services, or vendors contained on this Site are the opinions of the reviewers of those products, services, or vendors and not those of CloudPulse. CloudPulse may from time to time may provide incentives (such as gift cards) to encourage visitors to this Site to submit reviews. Any such incentives, however, are not dependent on whether the review is positive or negative.
The content and information on this Site (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code, or other material), as well as the infrastructure used to provide such content and information, is proprietary to us, except as expressly provided in these Terms. You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any such content or information obtained from or through this Site.
Additionally, you agree not to:
- use this Site or its contents for any commercial purpose without our express written permission;
- access, monitor, or copy any content or information of this Site using any robot, spider, scraper, or other automated means or any manual process for any purpose without our express written permission;
- violate the restrictions in any robot exclusion headers on this Site or bypass or circumvent other measures employed to prevent or limit access to this Site;
- take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
- deep-link to any portion of this Site for any purpose without our express written permission;
- “frame”, “mirror”, or otherwise incorporate any part of this Site into any other website or mobile application without our prior written authorization;
- attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by CloudPulse in connection with this Site or the content we provide;
- post reviews on products or services offered by your current employer or by direct competitors of your current employer; or
- log in using an alias that masks your true identity
You also agree to abide by the TWIML Code of Conduct.
Reviews, Comments, and Other Interactive Areas
We appreciate your input on this Site. To this end, this Site contains various forums through which you and third parties may post reviews of experiences using technologies and services or post or link other content, messages, materials, videos, or other items to this Site (“Interactive Areas”). If CloudPulse provides you access to such Interactive Areas (as a Registered User or otherwise), you are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you expressly agree not to post, link, upload to, transmit, distribute, store, create, or otherwise publish through this Site any of the following:
- Any message, data, information, text, music, sound, photos, graphics, screenshots, video, code, or any other material (“Content”) that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, or otherwise objectionable
- Content that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or otherwise create liability or violate any local, state, national, or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission (SEC) or any rules of a securities exchange such as the New York Stock Exchange (NYSE), the American Stock Exchange, or the NASDAQ;
- Content that may infringe or misappropriate any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;
- Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including CloudPulse;
- Unsolicited promotions, political campaigning, advertising, contests, raffles, or solicitations;
- Private information of any third party, including, without limitation, surname (family name), addresses, phone numbers, email addresses, Social Security numbers, financial information, and credit card numbers;
- Viruses, corrupted data, or other harmful, disruptive, or destructive files;
- Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted, linked, or otherwise published; or
- Content or links to content that, in the sole judgment of CloudPulse, (i) violates the previous subsections herein, (ii) is objectionable, (iii) restricts or inhibits any other person from using or enjoying the Interactive Areas or this Site, or (iv) may expose CloudPulse or its affiliates or its or their users and/or sublicensees to any harm or liability of any type.
Any use of the Interactive Areas or other portions of this Site in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or this Site.
Without limiting the foregoing, CloudPulse takes no responsibility and assumes no liability for any content posted, stored, or uploaded by you or any third party, or for any loss or damage thereto, nor is CloudPulse liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter. As a provider of interactive services, CloudPulse is not liable for any statements, representations, or content provided by its users in any public forum or other Interactive Area. Although CloudPulse has no obligation to screen, edit, or monitor any of the Content posted to or distributed through any Interactive Area, CloudPulse reserves the right, and has absolute discretion, to remove, screen, or edit, without notice, any Content posted or stored on this Site at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any Content you post or store on this Site at your sole cost and expense.
License and Consent to Use Submissions
With respect to reviews included in your Submissions (whether written or video), you will be asked at the time of your Submission whether you consent to the use of that review, and the name, likeness, and other personal characteristics and private information you include with your Submission, for advertising, promotion, and other commercial and business purposes. Your consent, if you indicate “yes”, means that:
- to the fullest extent permitted by applicable law, you irrevocably waive all legal and equitable rights relating to all liabilities, claims, demands, actions, suits, damages, and expenses, including but not limited to claims for copyright or trademark infringement, infringement of moral rights, libel, defamation, invasion of any rights of privacy (including intrusion, false light, public disclosure of private facts, and misappropriation of name or likeness), violation of rights of publicity, physical or emotional injury or distress, or any similar claim or cause of action in tort, contract, or any other legal theory, now known or hereafter known in any jurisdiction throughout the world (collectively, “Claims”) arising directly or indirectly from the Authorized Persons’ exercise of their rights under the immediately preceding paragraph or the production, exhibition, exploitation, advertising, promotion, or other use of the Materials, and whether resulting in whole or in part by the negligence of Authorized Persons, covenant not to make or bring any such Claim against any Authorized Persons, and forever release and discharge the Authorized Persons from liability under such Claims; and
- you represent and warrant to each of the Authorized Persons, that you are at least eighteen (18) years of age, and that you have full right, power, and authority to grant the rights hereunder and further represent and warrant to each of the Authorized Persons that you will provide only true and correct statements and other information in connection with the Authorized Persons’ use of the Materials and the rights and license granted hereunder do not, and will not, violate any right (including without limitation copyright, trademark, trade secret, right to privacy, or right of publicity) of, or conflict with or violate any contract with or commitment made to, any person or entity, and that no consent or authorization from, or any payment to, any third party is required in connection herewith.
If it is determined that you retain moral rights (including rights of attribution or integrity) in the Submissions or Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Submission or Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion, and exploitation of the Submission and/or Content by CloudPulse or its licensees, successors, and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Submissions or Content; and (d) you forever release CloudPulse, and its licensees, successors, and assigns, from any claims that you could otherwise assert against CloudPulse by virtue of any such moral rights.
The information, content, submissions, software, products, and/or services published on or through this site may include inaccuracies or errors. CloudPulse does not guarantee the accuracy of, and disclaims, all liability for any errors or other inaccuracies relating to, the information and description of the technology products and related services displayed on this site (including, without limitation, the pricing, screenshots, videos, list of product and service features, vendor company information, general product descriptions, etc.). CloudPulse makes no representations about the suitability of the information, content, submissions, software, products, and/or services contained or described on this site for any purpose, and the inclusion or offering of any products or services on or through this site does not constitute any endorsement or recommendation of such products or services by CloudPulse. All such information, content, submissions, software, products, and/or services are provided “as is” without warranty of any kind by CloudPulse. CloudPulse disclaims all warranties and conditions that this site, its servers, or any email sent from CloudPulse, are free of viruses or other harmful components. CloudPulse hereby disclaims all warranties and conditions with regard to the information, content, submissions, software, products, and/or services contained or described on this site, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and noninfringement.
In no event shall CloudPulse (nor its officers, directors, employees, agents, and affiliates) be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, your access to, display on, or use of this site or with the delay or inability to access, display, or use this site (including, but not limited to, your reliance upon opinions appearing on this site; any computer viruses, information, content, submissions, software, linked sites, products, and/or services obtained or accessed through this site; or otherwise arising out of the access to, display on, or use of this site) whether based on a theory of negligence, contract, tort, strict liability, or otherwise, and even if CloudPulse has been advised of the possibility of such damages.
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of CloudPulse.
You agree to defend and indemnify CloudPulse and its affiliates and licensees and any of its or their officers, directors, employees, and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties, liabilities, or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
- your breach of these Terms or the documents referenced herein;
- your violation of any law or the rights of a third party; or
- your use of this Site.
Links to Third-Party Sites
This Site may contain hyperlinks to websites or platforms operated by parties other than CloudPulse. Such hyperlinks are provided for your reference only. We do not control such websites or platforms and are not responsible for their content or the privacy or other practices of such websites or platforms. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Site or other websites or platforms) is free of such items as viruses, worms, trojan horses, defects, and other items of a destructive nature. Our inclusion of hyperlinks to such websites or platforms does not imply any endorsement of the material on such websites or platforms or any association with their operators. In some cases, you may be asked by a third-party site, platform, or mobile application to link your profile on this Site to a profile on that third-party site, platform or mobile application. Choosing to do so is purely optional, and the decision to allow this information to be linked can be disabled (with the third-party site, platform, or mobile application) at any time.
Software and Licensed Materials Available On This Site
This Site is controlled and operated by CloudPulse from its offices in the State of Missouri in the United States. Software used in the operation of, or downloadable from, this Site (“Software”) is subject to United States export controls. No Software may be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) Cuba, North Korea, Iran, Sudan, Syria, or any other country to which the U.S. has embargoed goods, or (b) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By using this Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Any Software or reports, additional licensed content, sponsored content, research reports, and/or review data (individually and collectively, “Licensed Materials”) that is made available through this Site or otherwise from CloudPulse is the copyrighted and proprietary work of CloudPulse, or CloudPulse affiliates, or other third parties as identified. Your use of all Licensed Materials shall be subject to these Terms and the additional terms set forth in CloudPulse’s Content Usage Guidelines for the applicable Licensed Materials. Your use of any Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software (“License Agreement”). You may not install, access, or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software made available for download on this Site not accompanied by a License Agreement, we hereby grant to you a limited, personal, nontransferable, non-sublicensable license to use the Software for viewing and otherwise using this Site in accordance with these Terms and for no other purpose.
Please note that all Software, including, without limitation, all HTML, XML, Ruby code, Java code, and Active X controls, and all Licensed Materials contained on or made available through this Site, is owned by CloudPulse, and/or its affiliates or licensors, and is protected by copyright and/or trade secret laws and international treaty provisions. Any reproduction, redistribution, or disclosure of the Software and/or Licensed Materials is expressly prohibited and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Without limiting the foregoing, copying or reproduction of the software and/or licensed materials to any other server or location for further reproduction or redistribution is expressly prohibited unless otherwise expressly authorized by CloudPulse in writing. The software and/or licensed materials are warranted, if at all, only according to the terms of the applicable license agreement or applicable content usage guidelines .
Copyright and Trademark Notices
All contents of this Site are: © Copyright 2021 CloudPulse Strategies. All Rights Reserved. CloudPulse is not responsible for content on websites, platforms, or mobile applications operated by parties other than CloudPulse. CloudPulse, its logo, and, except as noted below, all other product or service names, logos, or slogans displayed on this Site are registered and/or common law trademarks of CloudPulse Strategies or its suppliers or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of CloudPulse or the applicable trademark holder. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by CloudPulse.
Other logos and product and company names mentioned herein may be the trademarks of their respective owners.
You agree that no joint venture, agency, partnership, or employment relationship exists between you and CloudPulse and/or affiliates as a result of these Terms or use of this Site.
Our performance under these Terms is subject to existing laws and legal process, and nothing contained in these Terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Site or information provided to, or gathered by, us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Site within one (1) year from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions in these Terms shall continue in effect.
CloudPulse’s failure to exercise any right shall not be deemed a waiver of any further rights. CloudPulse will not be liable for any failure to perform its obligations where such failure results from any cause beyond CloudPulse’s reasonable control. If any provision herein is, for any reason, held to be invalid or unenforceable, the other provisions will remain unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. This Agreement constitutes the entire agreement between CloudPulse and you in relation to the Site and supersedes all prior and contemporaneous terms, agreements, proposals, or representations, whether written or oral, with respect to the subject matter herein. No part of this Agreement will be superseded or governed by any agreement between CloudPulse and you relating to the use of CloudPulse’s products or services. Any mention of future functionality for this Site is intended to outline CloudPulse’s general product direction and is for informational purposes only. Any such mention should not be considered a commitment by CloudPulse to deliver any material, code, or functionality, and should not be relied upon by you in making purchasing decisions. The development, release, and timing of any features or functionality remains at the sole discretion of CloudPulse.
Fictitious names of companies, products, people, characters, and/or data mentioned on this Site are not intended to represent any real individual, company, product, or event. Any rights not expressly granted herein are reserved.