Please read and review the following Terms of Use prior to utilizing the www.3cloudsolutions.com website (“3CloudSolutions.com” or “Website”). This Website is operated by 3Cloud, LLC. Throughout the site, the terms “we”, “us” and “our” refer to 3Cloud, LLC (“3Cloud”). 3Cloud offers this Website, including all information, tools and services available, from this site to you, the Customer/Client, conditioned upon your acceptance of the terms, conditions, policies and notices stated herein.
Please read these Terms of Service carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to be bound by these Terms of Service. If you do not agree to all of the terms and conditions of this Agreement, then you may not access the Website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Services.
Any new features or tools which are added to the current Website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Website, without notice. It is your responsibility to check this page periodically for changes. Your continued use of access to the Website following the posting of any changes constitutes acceptance of those changes.
GENERAL CONDITIONS
We reserve the right to refuse service to anyone, for any reason, at any time. You understand that any of your content (aside from any credit card/payment information), may be transferred unencrypted and is subject to (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. When applicable, credit card/payment information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Website through which the service is provided, without express written permission from 3Cloud. The headings in this agreement are included for convenience and will not limit or otherwise affect the Terms or content contained herein.
OWNERSHIP OF SITE AND RESTRICTIONS ON USE OF CONTENT
3CloudSolutions.com is owned by 3Cloud, LLC. By utilizing the Website, you acknowledge and accept that the Website may contain information, communications, software, photos, text, video, graphics, music, sounds, images and other material, content and services (collectively “Content”), which is generally provided by 3Cloud and/or by licensors of 3Cloud. Notwithstanding the fact that 3Cloud permits access to the Website, you acknowledge and agree that the Content of the Website and its use is protected by patents, copyrights, trademarks, and other proprietary and intellectual property rights, and that these rights are valid and protected in all media now existing or later developed, and that your use of the Content shall be governed and constrained by applicable patent, copyright, trademark and other intellectual property laws. Modification or use of the 3CloudSolutions.com website and/or the Content or any portion thereof for any commercial purpose is a violation of patent, copyright, trademark and other proprietary and intellectual property rights owned by 3Cloud and third parties. Without limiting any of the foregoing, you understand and agree that if you copy any Content or portion thereof for any purpose not expressly permitted in this Agreement, whether or not such copying or use is for your commercial gain, you are violating the rights of 3Cloud and/or its licensors and may be subject to criminal and/or civil prosecution.
In addition to 3Cloud’s rights (and that of its licensors’) in individual elements of the Contents, 3Cloud owns a copyright in the selection, coordination, arrangement and enhancement of the Content. The Website may permit you to download and/or print certain Content and you may do so, and you may make a limited, reasonable number of copies of such downloaded and/or printed Content solely for your internal business purposes and no other purpose whatsoever, provided that all such copies are a complete and accurate copy of the downloaded and/or printed Content and further provided that all such copies include any proprietary notices of 3Cloud’s; all such copies (whether printed or electronic) are considered Content hereunder, and subject to the terms of this Agreement. Except for the limited right to download, print and/or copy as described in the preceding sentence, and notwithstanding anything else herein to the contrary, you understand that you may not otherwise copy, modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into another website or printed materials, or in any other way exploit 3CloudSolutions.com and/or any of the Content (in whole or in party) and/or to incorporate it in other works in any form, media, or technology now known or later developed (collectively, “Use”), even if you attribute such Content or Use to 3Cloud and/or its licensors.
SUBMITTED DATA
You agree that you shall not upload to the Website any data, files, content or other information (“Submitted Data”), or otherwise transmit on or through this website, any Submitted Data that are subject to any rights of any third parties, or in which any holder of such rights has not given express authorization for distribution by you. By providing Submitted Data to 3Cloud, you automatically warrant that the owner of such Submitted Data has expressly granted, the royalty-free, perpetual, irrevocable, non-exclusive right and license to Use the Submitted Data.
Any personal information, such as your name, email address or other contact information provided to 3Cloud shall be handled in accordance with, and subject to, the 3Cloud Privacy Policy described below in the section titled same.
DISPLAY OF PRODUCTS AND SERVICES
Commercially reasonable efforts are utilized to ensure that the design, color and details of the products and services displayed at 3CloudSolutions.com are accurate. Nonetheless, 3Cloud cannot and does not monitor and therefore, cannot guarantee that the design, color and/or detail, as displayed by your monitor, will be accurate and we assume no responsibility whatsoever for such difference in design, color and/or details.
3Cloud reserves the right to change any and all products and/or services without notice which are described on 3CloudSolutions.com
PROHIBITED CONDUCT AND USE
You agree to use 3CloudSolutions.com for lawful purposes only. You are expressly prohibited from transmitting via 3CloudSolutions.com any of the following: 1) any and all unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law (collectively, “Prohibited Conduct”). Additionally, you agree and acknowledge that 3Cloud is not responsible or liable to you or any other third-party for any Prohibited Conduct by any user of 3CloudSolutions.com at any time whatsoever.
Notwithstanding anything in this Agreement to the contrary, 3Cloud is in no way obligated to monitor any user’s use of or to monitor, retain, review and/or edit Submitted Data or any information provided by any user and transmitted through 3CloudSolutions.com. However, 3Cloud does reserve the right, at any time, to monitor, review, retain, edit and/or disclose any information (including any Submitted Data) as 3Cloud may determine necessary, in its sole discretion, to: (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) protect and defend 3Cloud’s rights and property; (iii) enforce this Agreement; (iv) protect against misuse or unauthorized use of the 3CloudSolutions.com website; and (v) protect the interests of 3Cloud’s users and/or the public.
You are expressly prohibited from using a false e-mail address or other identifying information and from using 3CloudSolutions.com in any way to send emails or other messages to people or other entities.
LINKS TO THIRD-PARTY SITES
This Website may contain links to and from other third-party websites (“Third-party Websites”). These links are provided solely as a convenience to you. These Third-party Websites are not under the control of 3Cloud and 3Cloud is not responsible for the content of any Third-party Website. 3Cloud does not endorse any of these Third-party Websites and makes no warranties regarding content contained therein with regards to correctness, accuracy, performance or quality of any content, service, application or software found within the linked site. Furthermore, by utilizing 3CloudSolutions.com, you acknowledge and agree to assume all risk for any dealings or transactions of any nature, including but not limited to, the purchase of any products of services from, or the reliance on any information or materials contained within, such linked third-party websites. If you decide to access links to third-party websites, you do so at your own risk. Additionally, Your use of Third-party Websites is subject to any applicable policies and terms and conditions of use, including but not limited to, the linked Third-party Website’s privacy policy.
LIMITATION OF LIABILITY
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. 3CLOUD MAY MAKE IMPROVEMENTS OR CHANGES TO THE WEBSITE AT ANY TIME AND WITHOUT ANY ADVANCE NOTICE.
UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION, NEGLIGENCE, SHALL 3CLOUD BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM ANY PRODUCTS, GOODS OR SERVICES PURCHASED OR OTHERWISE TRANSMITTED FROM OR THROUGH THIS WEBSITE, THE USE OF, OR THE INABILITY TO USE, THE CONTENT AND/OR OTHER MATERIALS IN THIS WEBSITE, EVEN IF 3CLOUD OR A 3CLOUD AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL 3CLOUD’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE EXCEED $100. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
This Section applies only to damages, losses and causes of action that arise through your use of, or inability to use, this Website, any Content or other materials on this Website and/or any products or services purchased through this Website, if applicable. Without limiting the foregoing, in the event you and 3Cloud enter into a written agreement for products or services, the provisions of such written agreement (and not this Agreement, including this Section) shall govern your acquisition and use of such products or services.
DISCLAIMER
THE CONTENT AND ANY OTHER MATERIALS ON THIS WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, 3CLOUD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 3CLOUD DOES NOT WARRANT THAT THIS WEBSITE OR YOUR USE OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THIS WEBSITE OR AY CONTENT OR OTHER MATERIALS CONTAINED IN THIS WEBSITE, WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 3CLOUD DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT AND/OR OTHER MATERIALS IN THIS WEBSITE REGARDING THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME ALL RISK FOR YOUR USE OF THIS WEBSITE, INCLUDING ANY CONTENT AND/OR OTHER MATERIALS CONTAINED IN THIS WEBSITE.
INDEMNIFICATION
You agree to indemnify, demand and hold harmless 3CloudSolutions.com, its subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorney’s fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
INTERNATIONAL USERS
3CloudSolutions.com is controlled, operated and administered by 3Cloud from our offices within the United States of America. If you access this Website from a location outside the United States of America, you are responsible for compliance with all location and international laws, as applicable. You agree that you will not use 3Cloud content accessed through 3CloudSolutions.com in any country or in any manner prohibited by applicable laws, restrictions or regulations.
ARBITRATION
In the event that the parties are unable to resolve any dispute between them which arise out of these Terms of Service, or any provision hereof, whether in contract or tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration selected and agreed by both parties, at a location which is within the boundaries of DuPage County, Illinois. The dispute shall be decided by and construed in accordance with the laws of the State of Illinois, without giving effect to any principles of conflicts of law. The arbitrator’s award shall be final, and judgment may be entered upon it in the Circuit Court of DuPage County, Illinois. In the event that any legal or equitable action, proceeding or arbitration arises out of these Terms of Service, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms of Services or any disputes arising as a result of these Terms of Service, whether directly or indirectly, including Tort claims that are a result of these Terms of Service. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope of and enforceability of this provision on Arbitration shall be determined by the Arbitrator. This Arbitration provision shall survive the termination of these Terms of Service.
CLASS ACTION WAIVER
Any arbitration under these Terms of Service will take place on an individual basis. Class arbitrations and class/representative/collection actions are not permitted. YOU and 3CLOUD agree that either YOU or 3CLOUD MAY BRING A CLAIM AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless YOU and 3CLOUD both agree otherwise in writing, the arbitration may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
WEBSITE USAGE BY MINORS
3Cloud does not solicit the use of 3CloudSolutions.com by minors. However, 3Cloud cannot prevent such use or purchase and cannot prevent minors from visiting 3CloudSolutions.com. Therefore, parents, guardians and/or those responsible for supervising minors are solely responsible for determining what materials, products and services are suitable for such children to view and use.
3Cloud requires that use of the 3CloudSolutions.com website only be by individuals 18 years of age or older. EACH TIME YOU USE the 3CLOUDSOLUTIONS.COM WEBSITE OR PURCHASE A PRODUCT OR SERVICE FROM THE 3CLOUDSOLUTIONS.COM WEBSITE, YOU ARE REPRESENTING THAT YOU ARE 18 YEARS OF AGE OR OLDER.
SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.
TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in 3Cloud’s sole judgment you fail, or 3Cloud suspects that you have failed, to comply with any term of provision of these Terms of Service, 3Cloud may also terminate this Agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination and/or accordingly may deny you access to our services (or any part thereof).
CHANGES AND MODIFICATIONS
3Cloud may change, add or delete Content, products, materials, services, programs and the like that are described in this Website at any time without notice. 3Cloud reserves the right to update, modify, revise or otherwise change this Agreement at any time with or without prior notice. Use of 3CloudSolutions.com at any time after such update, modification, revision or change shall constitute your acceptance of such update, modification, revision or change. You are encouraged to review this Agreement periodically.