The following terms and conditions apply to all visitors to or users ("users" or "you") of the Cloud Cruiser websites and related portals or forums (the "Community"). By accessing the Community, user acknowledges acceptance of, and agrees to abide by, these terms and conditions. These terms and conditions are not exhaustive. Cloud Cruiser, Inc. ("Cloud Cruiser") reserves the right to change these terms and conditions from time to time at its sole discretion by posting an update to the Community website where such content is regularly maintained.
In the case of any violation of these terms and conditions, Cloud Cruiser reserves the right to suspend or terminate your right to access the Community. In addition, Cloud Cruiser reserves the right to seek all remedies available by law and in equity for such violations.
The trademarks, logos and service marks ("Marks") displayed within the Community are the property of Cloud Cruiser or other third parties. Users are not permitted to use these Marks without the prior written consent of Cloud Cruiser or such third party that may own the Mark. Cloud Cruiser, Inc., the Cloud Cruiser logo, and Cloud Cruiser Software Applications are registered trademarks of Cloud Cruiser, Inc. in the United States and other countries.
Content included in the Community and provided by or on behalf of Cloud Cruiser (including but not limited to text, graphics, logos, images and forum posts) is the exclusive property of Cloud Cruiser.
No license to any Cloud Cruiser product, service or proprietary rights (including, but not limited to, Cloud Cruiser's confidential information, copyrights, patents, trademarks or trade secrets) is granted to users by accessing or using the Community. Users are required to abide by the terms of all applicable license agreements, including the Cloud Cruiser End User License Agreement (“EULA”), with respect to any content, software or other materials provided to, or accessed or obtained in connection with, the Community.
Access to and use of password protected and/or secure areas of the Community is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Community may be subject to prosecution.
Only Cloud Cruiser site administrator(s) will post official Cloud Cruiser content. Cloud Cruiser is not responsible for content posted by any user who is not designated as official Cloud Cruiser site administrator(s).
BY ACCESSING THE COMMUNITY, YOU EXPRESSLY AGREE THAT THE SERVICE AND CONTENT THEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. CLOUD CRUISER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND RELATED TO THE COMMUNITY, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATIONS OF RIGHTS.
CLOUD CRUISER MAKES NO WARRANTY THAT THE COMMUNITY WILL MEET YOUR REQUIREMENTS OR THAT THE COMMUNITY WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. CLOUD CRUISER DOES NOT MAKE ANY REPRESENTATION OR WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE COMMUNITY, THAT THE RESULTS THAT MAY BE OBTAINED FROM SUCH USE WILL BE RELIABLE OR ACCURATE OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE COMMUNITY WILL MEET YOUR EXPECTATIONS. CLOUD CRUISER MAKES NO WARRANTY THAT DEFECTS IN ITS OR ITS THIRD PARTY VENDORS'SOFTWARE WILL BE CORRECTED OR THAT THE WEBSITE OR SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU UNDERSTAND AND AGREE THAT ANY OF THE MATERIAL AND/OR OTHER DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF COMMUNITY IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF SUCH MATERIAL OR DATA.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CLOUD CRUISER OR THROUGH THE COMMUNITY SHALL CREATE ANY WARRANTY, CONTRACT OR LEGAL OBLIGATION NOT EXPRESSLY STATED IN A SEPARATE, BINDING AGREEMENT. IF YOU ARE DISSATISFIED WITH THE COMMUNITY, THE MATERIALS AVAILABLE ON OR THROUGH THE COMMUNITY, OR WITH ANY OF THE USAGE GUIDELINES OR TERMS AND CONDITIONS APPLICABLE TO THE COMMUNITY, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL CLOUD CRUISER OR ANY OF ITS SUBSIDIARIES, AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS OR SUBCONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, CONTENT OR OTHER INTANGIBLE LOSSES (EVEN IF CLOUD CRUISER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (I) THE USE OR INABILITY TO USE THE COMMUNITY (INCLUDING, BUT NOT LIMITED TO DELETION OR LOSS OF CONTENT, DEFECTS OR DELAYS IN TRANSMISSION, OR ANY FAILURE OF A SERVER, OR THE INTERNET), (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM THE COST OF ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE COMMUNITY, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE COMMUNITY OR, (V) ANY OTHER MATTER RELATING TO THE COMMUNITY.
EXCLUSIONS AND LIMITATIONS:
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES AND THEREFORE SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
User access to the Community is governed by, and shall be subject to, all applicable national, federal, state and local laws and regulations. All information available within the Community is subject to U.S. export control laws and may also be subject to the laws of the country where you reside. User hereby agrees to comply with all applicable laws and regulations when accessing or otherwise using the Community.
Cloud Cruiser reserves the right to investigate any violation of these terms and conditions and to take appropriate action. Cloud Cruiser has absolute discretion to enforce the terms of these documents. Remedial action may include, but is not limited to warning users, suspending access to Community, deleting or editing any content.