Terms of Service

Please carefully review these Terms of Service before using this website. These Terms of Service govern the relationship between you and Cloud Payments, LLC (“Company“) and constitute a legally binding agreement between you and Company.  By accessing or using the Company website, you acknowledge that you have read, understood and accept these Terms of Service.  These Terms of Service are effective as of May 1, 2020.

Privacy Policy

Please review Company’s privacy policy for information on Company’s privacy practices with respect to the Company website.  You represent and warrant to Company that you have read Company’s privacy policy, and you agree to abide by the obligations imposed on you by that policy.  In addition, you agree to Company’s use of the personal information you supply or communicate to Company in connection with your use of the Company website as and to the extent set forth in the privacy policy.

Your Access to the Website: Eligibility

You agree that your use of the Company website shall at all times be in compliance with these Terms of Service and all applicable laws. Though Company will use reasonable efforts to keep the website up and running, you acknowledge that there may be interruptions in the website and that the website may be unavailable to you from time to time for any reason including routine maintenance. Company retains the right to deny service, or access to the website, to any person or entity or an account, at any time and for any reason in its sole discretion. In addition, Company reserves the right to take any action it deems necessary in its sole discretion with respect to any aspect of the website to: (i) satisfy any applicable law, rule, regulation, legal process or governmental request; (ii) enforce these Terms of Service, including without limitation, investigating any potential violations of these Terms of Service; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to support or other requests from subscribers; or (v) protect the rights, property or safety of Company, its subscribers and the public.

Your Conduct

Your use of the Company website and all account activity must be in compliance with these Terms of Service and all applicable laws and regulations. Company shall determine in its sole discretion whether you have acted in violation of the Terms of Service. If Company determines that you have violated these Terms of Service, then Company may in its sole discretion (i) permanently bar, temporarily suspend or otherwise limit or deny in any way your use of the Company website, (ii) pursue any other corrective remedies Company deems appropriate, or (iii) pursue any other remedies available to Company under the law.

Communications with this company

By sending Company any ideas, comments, suggestions, questions or other material (“Unsolicited Ideas”), you agree Company (i) has no obligations with respect to the Unsolicited Ideas, including without limitation, any obligation to keep, protect the confidentiality of or maintain or protect in any other way; and (ii) will own all Unsolicited Ideas it receives from you and it may use the Unsolicited Ideas in any way it desires, including without limitation, disclosing or redistributing the Unsolicited Ideas to third parties, all without restriction and without any obligation to acknowledge or compensate you.

You agree that no comments or other information submitted by you to Company will violate any personal or proprietary right of any third party (including, without limitation, copyright and trademark rights). You agree that no comments or other information submitted by you to Company will be libelous, obscene, harassing, abusive or otherwise unlawful. You agree that you shall remain solely liable for the contents of any comments or other information submitted by you to Company.

Intellectual Property

The Company website and all of the Website Content is owned by Company and is protected by U.S. and international copyright laws. Copyright 2020 Cloud Payments, LLC. All rights reserved. All elements comprising the Company website, including without limitation, the text, site design, logos, graphics, icons and images, as well as the selection, assembly and arrangement thereof are the sole property of Company or its licensors, and are protected by U.S. and international copyright laws. All software used in this site is the property of Company or its licensors, and such software is also protected by U.S. and international copyright laws.

Disclaimer of Warranty

THE COMPANY WEBSITE, THE WEBSITE CONTENT AND ANY SERVICES AVAILABLE ON THE COMPANY WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND. COMPANY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE COMPANY WEBSITE, ITS USES AND ANY SERVICES OFFERED ON THE COMPANY WEBSITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY AND FREEDOM FROM COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Warranty

THE COMPANY WEBSITE, THE WEBSITE CONTENT AND ANY SERVICES AVAILABLE ON THE COMPANY WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND. COMPANY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE COMPANY WEBSITE, ITS USES AND ANY SERVICES OFFERED ON THE COMPANY WEBSITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY AND FREEDOM FROM COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

IN NO EVENT SHALL COMPANY, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES EVEN IF MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE SITE AND/OR ANY CONTENT, MATERIALS OR SERVICES AVAILABLE AT THE SITE.

Third Parties

The Company website may include links to other third-party websites, services or resources (each, a “Third-Party Service“). Your use of Third-Party Services is at your own risk. Company makes no representations whatsoever about any third-party websites that you may access through the Company website, and the fact that we have linked to another site should not be construed as an endorsement of that site or its proprietor. Company is not responsible for the privacy practices, terms and conditions or content of such websites, or the services provided by such third parties. Company prohibits (i) the framing of any materials available through this site, and (ii) “deep linking” to pages of the site other than the home page. Company reserves the right to disable any unauthorized frames and specifically disclaims any responsibility for the contents of any other websites linked to this site.

Indemnity

You agree to indemnify, defend, and hold harmless Company, its members, managers, officers, employees, agents, representatives, suppliers and content and service providers (collectively, “Company Parties”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any (i) violation of these Terms of Service, (ii) activity related to your account with Company (including negligent or wrongful conduct), or (iii) your access to or use of the Company website.

Applicable Law

Your use of the site shall be governed by the laws of the State of Texas without regard to its choice of law principles. You agree to submit to the personal jurisdiction of the state and federal courts located in Travis County, Texas with respect to any legal proceedings arising out of these Terms of Service, the Company privacy policy, or your use of the Company website.

Changes to the Website and Website Content

Company reserves the right to make additions, deletions or modifications to the Company website and the website content at any time without prior notice to you. Company is under no obligation to update any website content, even if Company knows that the website content includes outdated information or information that is based on outdated law.

Miscellaneous

Company reserves the right to change, alter or modify these Terms of Service or the privacy policy for any reason at any time. When we do so, changes in these Terms of Service will be posted on the Company website and will be effective immediately. If you are a regular visitor to the Company website, we recommend that you check these Terms of Service on a regular basis.

These Terms of Service contain the entire agreement between you and Company regarding the Company website and the website content and supersede any prior agreement between you and Company relating to its subject matter.

If any provision of these Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Service shall otherwise remain in full force and effect and enforceable.

You may not assign or transfer in any way any of your rights or obligations under these Terms of Service without Company’s prior written consent. Company may assign or transfer in any way its rights and obligations under these Terms of Service without restriction.

Any failure by you or Company to exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of such right or provision.

A printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

If Company takes any action to enforce these Terms of Service, Company will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorneys’ fees and the costs of litigation, in addition to any other relief, at law or in equity, to which such parties may be entitled.

Company reserves all rights not expressly granted to you under these Terms of Service.

Contact

If you have any questions about these Terms of Service, please feel free to contact us through the contact page.