Terms of Service — Cloudwatching.org

The Cloudwatching™ Method, Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THIS APPLICATION.

Cloudwatching™ LLC, a California limited liability company (“Cloudwatching™ Method,” “us,” or “we”), owns and operates this software application, website, and any other web services or products offered by the Cloudwatching™ Method now or in the future, including, but not limited to, its related social media platforms. By accessing, using, downloading, and viewing this website, or any of its products or services (defined below), (collectively, the “App”), you hereby consent and agree to these terms and conditions (“Terms of Use”). The Terms of Use and Privacy Policy (please see here) (collectively, the “Terms”) govern your use of the App, other free materials and resources provided by the App, and any other services or products we make available on this App (collectively, the “Services”). These Terms constitute a legally binding agreement made by and between the Cloudwatching™ Method and the user of this App (personally and, if applicable, on behalf of the entity for whom you are using the App; collectively, “you”).

BY ACCESSING OR USING ANY PART OF THE APP, SITE, PRODUCTS, OR SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS, WHICH CONTAIN A TERMS OF SALE AGREEMENT, AN ARBITRATION AGREEMENT, A WAIVER OF CLASS-ACTION RIGHTS, AND LIABILITY LIMITATIONS.

If you do not agree to these Terms and to follow all applicable laws, then please cease access or use of the App and Services immediately.

If you have any questions about these Terms, please contact us by email at info@cloudwatching.org.

If you access the Cloudwatching™ Method App on a social media network (such as, without limitation, Facebook, Twitter, Instagram, or Pinterest), you also consent to and agree to abide by the terms and conditions of that social media network.

HEALTHCARE ACKNOWLEDGEMENT & DISCLAIMER

The Cloudwatching™ Method is not a medical practice.

No aspect of the Cloudwatching™ Method’s Services are meant to be a substitute for professional advice from your professional care provider, and the Cloudwatching™ Method makes no warranties, express or implied, as to the completeness, accuracy, or appropriateness for any purpose of any information or instruction provided through the Services. You are encouraged to consult with your healthcare provider or other professional care provider with any questions or concerns you may have regarding any health condition or any other condition that you may have before taking any action or engaging in any activity or program, including the Cloudwatching™ Method’s Services.

You acknowledge and agree that when taking any action or participating in any activity, routine, or program that may be described in the Services,there is the possibility of physical injury, emotional distress, and/or death, and you assume the risk and responsibility for any such results.

You should never disregard medical or other professional advice or delay seeking it. The Cloudwatching™ Method’s Services should not be used in lieu of professional advice given by qualified medical professionals, such as your doctor or other professional care provider. It is important that the Services are used only in conjunction with qualified medical guidance and guidance provided by other applicable professional care providers.

You hereby release the Cloudwatching™ Method and waive any and all claims against the Cloudwatching™ Method for any damages you may incur arising out of or related to your use of the Cloudwatching™ Method’s consulting Services, App, or Products. You further agree to indemnify and hold harmless the Cloudwatching™ Method from any damages, liabilities, losses, or other claims incurred by the Cloudwatching™ Method and arising out of or related to your use of the Cloudwatching™ Method’s consulting Services, App, or Products.

CLOUDWATCHING™ DISCLAIMER

Do not look directly at the sun, even if there are clouds in front of it. Looking at the sun can cause serious and permanent damage to your vision, as well as other damage.

Your skin needs protection from the sun. Remember to use a hat, protective clothing, and/or sunscreen to shield your skin.

Be mindful and aware of your environment⎯people, weather, plants, bugs, and wildlife.

If you feel unsafe or uncomfortable in any way, find a better location and/or better position. It that is not possible, you should stop and reschedule or discontinue Cloudwatching™.

You acknowledge that there may be certain risks with Cloudwatching™, and you accept such risks. You are solely responsible for your actions and omissions while Cloudwatching™, and hereby release the Cloudwatching™ Method and its owners and officers from any damages resulting from your activities, actions, or omissions.

CONTENT ON THE APP

Intellectual Property Rights. You agree that the App itself, as well as all content, photographs, sound, videos, media, images, formulas, graphics, webinars, training materials, products, podcasts, services, and/or other information and materials, and selection and arrangements thereof, is copyrighted work under the United States and other copyright laws, and is the property of or licensed by the Cloudwatching™ Method, as made available on the App, or any information, materials, and content transferred via a downloadable file or link by us or other third parties (collectively the “Content”). All trademarks, service marks, and trade names (collectively, the “Marks”) are trademarks or registered trademarks of and are proprietary to the Cloudwatching™ Method or other respective owners that have granted the Cloudwatching™ Method the right to use such Marks. Subject to your compliance with these Terms, we hereby grant you a limited, non-exclusive, non-transferable, and non-sublicensable, and revocable right to access, view, and use the App solely for your personal purposes and non-commercial use, and as we otherwise intend. The Cloudwatching™ Method reserves the right to monitor the Services and Content for the purpose of determining that your usage complies with these Terms.

You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or Content on our App in whole or in part, other that as necessary for your own personal, non-commercial use, without our written consent. Modification of the Content or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of the Cloudwatching™ Method, as well as other authors who created the materials, and may be subject to monetary damages and penalties.

Third-Party Content. Our App contains Content that we create, and may also include Content provided by third parties. We do not monitor, we do not endorse, and we are not liable for any third-party content. There may be some inadvertent accuracies or errors in the content, and we do not guarantee the accuracy, integrity, completeness, or quality of the content on our App or located at third-party URLs that may be posted on our App. The Cloudwatching™ Method is not responsible for the content on any linked site or any link contained in a linked site. We do not endorse or accept responsibility for the content of such third-party sites.

Third-Party Services. Third parties may offer their services directly to you through the App. In such cases, you may be required to agree to the third party’s terms of service and/or privacy policy to use the service. The Cloudwatching™ Method will not be liable in any way for the acts or omissions of such third parties, the terms of service or privacy policy, or the third party’s failure to adhere to its terms of services or privacy policy, or any loss, damages, liability or expenses (including attorneys’ fees) that you may incur arising from or related to such third party’s services or products.

YOUR CONDUCT ON THE APP

Eligibility. To use the App, you must be, and represent and warrant that you are, of legal age (17 years of age or older) and competent. By using the App on behalf of any third party, you are representing to us that you are an authorized representative of that third party and that your use of the App constitutes that third party’s acceptance of these Terms. In addition, if you have been previously prohibited from accessing the App or the website of any of our affiliates, you are not permitted to access the App.

Account Information. If you create an account, any information that you choose to provide us must be true, accurate, current, and complete. You are entirely responsible for maintaining the confidentiality of your password and account. You are entirely responsible for any and all activities that occur under your account. Your account is non-transferrable. You cannot sell, combine, or otherwise share it with any other person. Any violation of these Terms, including, without limitation, failure to maintain updated and correct information about your account or causing your account to fall out of good standing, and we may cancel your account at our sole discretion. When you register with the Cloudwatching™ Method and/or this App, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from the Cloudwatching™ Method.

Feedback. If you send comments or suggestions about the App to the Cloudwatching™ Method, including, but not limited to, notes, text, drawings, images, designs, or computer programs, such submissions shall become, and shall remain, the sole property of the Cloudwatching™ Method. No submission shall be subject to any obligation of confidence on the part of the Cloudwatching™ Method. The Cloudwatching™ Method shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination of, all such submissions for any purpose, commercial or otherwise, without any acknowledgment or compensation to you.

Prohibited Conduct. You agree not to copy or imitate the appearance, design, or style of our App or any Content. The technology and software underlying our App and the Services are the property of the Cloudwatching™ Method, our affiliates, and/or our business partners. You agree that you will not use our App or its Content to take any of the following actions:

Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of the Cloudwatching™ Method or any other person or entity;
Use the Service or App or Products commercially;
Reverse-engineer, decompile, tamper with, or disassemble the technology used to provide the Services or App or Products (except as and only to the extent any foregoing restriction is prohibited by a non-waivable provision of applicable law);
Interfere with or damage the Services, App, Products, or underlying any technology;
Impersonate or misrepresent your identity or affiliation;
Attempt to obtain unauthorized access to the Services or App;
Violate, misappropriate, or infringe a third party’s intellectual property or other right, or any social media platform terms;
Violate any law, rule, or regulation;
Transmit executable programming or corrupted files of any kind, including viruses, spyware, Trojan horses, Easter eggs, or any other similar software or programs that may damage or adversely affect the operation of another person's computer, our App, software or hardware, third party websites, or telecommunications equipment;
Falsify or delete any author attributions, legal or other proper notices, proprietary designations or labels of the origin, or the source of software posted, or contributed content or other material; or
Engage in any illegal activities.

Use of our App is subject to existing laws and legal processes. Nothing contained in these Terms will limit our right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of our App.

PRIVACY POLICY

All of the information that we collect from you, such as your email address,related personal information is subject to our privacy policy. The Cloudwatching™ Method’s privacy policy (which describes how we collect, use, and disclose your data and your consent to such collection, use, and disclosure) is incorporated into and is a part of these Terms. Please see our full privacy policy here.

DMCA COPYRIGHT INFRINGEMENT AND TAKE-DOWN POLICY

Infringement Notification. The Cloudwatching™ Method respects the rights of others, and we expect users of our App and Services to do the same. These Terms prohibit the infringement of the copyrights of others, and it is also our policy that we may remove, suspend, terminate access, or take other appropriate action against repeat offenders. We may also remove content that at our sole discretion appears to infringe the intellectual property rights of others.

How to File an Infringement Notification. If you have evidence, know, or have a good-faith belief that content residing on or accessible through our App infringes a copyright that you own or for which you are a designated agent, please send a notice of infringement by email to:

Grant Atkinson
Email Address: DMCA@frameworklaw.com
Send such notice with the information that sets forth the items specified below:

Identify the copyrighted work claimed to have been infringed. If multiple copyrighted works are covered by a single notification, provide a representative list of such works.
Identify the material that is claimed to be infringing or to be the subject of infringing activity. Include information reasonably sufficient to permit the Cloudwatching™ Method to locate the material. Please provide a URL and screenshots for each item. Include the specific asset(s) or page(s) that you claim to be infringing. Say “entire work” ONLY if all assets/pages in a collection/document are infringing.
Include details of your claim to the material, or your relationship to the material’s copyright holder.
Provide your full name, address, and telephone number should we need to clarify your claim.
Provide a working email address where we can contact you to confirm your claim.
If true, include the following statement: “I have a good faith belief that use of the copyrighted materials described above as the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law.”
If true, include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the copyright owner to make this complaint.”
Sign the document, physically or electronically.

ANY NOTICE THAT DOES NOT COMPLY WITH THE REQUIREMENTS OF TITLE 17, UNITED STATES CODE, SECTION 512(c)(3) WILL NOT RECEIVE A RESPONSE. NOTHING IN THIS POLICY IS INTENDED TO EXPAND OR SUPPLEMENT THE LEGAL RIGHTS, PROCEDURES, AND REMEDIES AUTHORIZED AND GRANTED UNDER THE DMCA. Please note that you may be liable for damages, including, but not limited to, costs and attorneys’ fees, under the DMCA if you knowingly materially misrepresent: (a) that material on the App infringes upon your copyright, or (b) that material on the App was removed or disabled by mistake or misidentification. If a user is found to be an infringer of the copyright rights of others, the Cloudwatching™ Method may terminate access to the user’s account.

TERMS OF SALE FOR PRODUCTS AND/OR SERVICES

Products and/or Services. Through the App, certain products, subscriptions, memberships, or other services may be offered for purchase, all of which are referred to as the “Products and/or Services.” The fees for such Products and/or Services are as listed on the App. All fees are due at the time of booking the Products and/or Services unless otherwise indicated on the App, and the Cloudwatching™ Method will have no obligation to provide Products and/or Services until such fees are paid. All Products and/or Services are subject to these Terms of Use.

Products and/or Services Descriptions. We try to make the App thorough, accurate, and helpful to our customers. Nonetheless, there may be times when certain information contained on the App may be incorrect, incomplete, inaccurate, or appear inaccurate because of the browser, hardware, or other technology that you use. We apologize in advance for any such errors that may result in an incorrect price, inaccurate description, or item unavailability, or that may otherwise affect your order. We reserve the right to correct errors (whether by changing information on the App or by informing you of the error and giving you an opportunity to cancel your order) or to update Product information at any time without notice.

Availability and Pricing. The Cloudwatching™ Method reserves the right to change the prices and available Products and/or Services at any time. Quantities of some Products and/or Services may be limited and availability cannot always be guaranteed. Products and/or Services offered for sale on this App are for sale only in the United States, and all prices are quoted in U.S. dollars. We may occasionally make errors in the stated prices on this App. If a Service’s correct price is higher than the listed price, we will, at our discretion, either confirm the correct price with you or cancel your order and notify you of such cancellation.

Purchasing Products and Services. The display of Products and/or Services on the App invites you to make an offer to purchase the Products and/or Services. Your order is an offer to buy the Products and/or Services, which we accept only by providing the Products and/or Services or confirming your request for Products and/or Services. Any confirmation that you receive after placing an order does not constitute an acceptance of your offer and is subject to correction for any reason.

Orders. We have the right to refuse or limit any orders and limit quantities. We will not be liable if a Service is unavailable or if the date of Services needs to be rescheduled. All orders are non-cancelable; we may grant or deny cancellation requests at our sole and absolute discretion. We reserve the right to provide substantially similar Products or Services to fulfill your order.

Rescheduling. Should you need to reschedule a one-on-one Services session, you may do so by providing 24-hour notice in advance of your session by emailing the Cloudwatching™ Method at info@cloudwatching.org. Sessions not canceled 24 hours in advance will be charged full price. Group Services sessions are not subject to rescheduling, and no refunds are granted if you are unavailable to attend.

Returns. We do not allow returns or substitutions of Products and/or Services. All sales are final.

Payment. You authorize us (and any payment processor) to charge your payment card for all purchases you make. We accept the forms of payment stated on the App and, for credit card payments, charge your credit card when your order is processed. The bank issuing your credit card may control when to release funds in the case of an order cancellation or refund. We reserve the right to use the payment information you provide us in connection with this payment to provide better service to you should you wish to use our service again in the future, and to protect us from fraud and other losses. Completion of a payment transaction is contingent upon: (a) you providing complete personal, account, transaction and any other information needed; (b) authorization of the payment by your credit or debit card company; and (c) acceptance of your payment. You may cancel your payment prior to your final submission of it to us. We may, at our sole discretion, cancel your payment at any time by providing notice to you through your contact information or by a notice when you attempt to make a payment. We may cancel a payment or prevent you from initiating future payments for any reason, including, without limitation, the following: (i) if you attempt to use the Products and/or Services in breach of any applicable law or regulation, including the card network rules or regulations; (ii) if you use the Products and/or Services in breach of these Terms; (iii) if we suspect fraudulent, unlawful, or improper activity regarding a payment; (iv) if we detect, at our sole discretion, that your payments have excessive disputes, high reversal rates, or present a relatively high risk of losses; or (v) failure to cooperate in an investigation or provide additional information when requested.

Taxes. Stated prices do not include any customs duties, sales, use, value-added, excise, federal, state, local, or other taxes. You are solely responsible for the payment of such taxes related to your purchase. We have the right to charge you for any taxes that we believe we are required to pay or collect related to your purchase.

Personal Use Only. Products and/or Services are for your personal use only. You agree not to sell or resell any Products and/or Services you purchase.

No Harassment. You agree to treat the Cloudwatching™ Method and its principals, employees, and contractors in a professional capacity at all times, and the Cloudwatching™ Method reserves the right to suspend and terminate Services to you at any time without refund in the event the Cloudwatching™ Method feels unsafe or uncomfortable in any way.

Group Sessions. If the Services include any group sessions with third-party participants, you agree to not disclose, authorize disclosure, publish, post, circulate, or otherwise disseminate any information learned, disclosed, or obtained of any kind, relating directly or indirectly to any third-party participants present at the Services (“Confidential Information”). You further acknowledge and agree that although confidentiality is generally required of all group session participants, the Cloudwatching™ Method cannot guarantee that third-party participants present at the Services will maintain confidentiality of any information you share, and you hereby release the Cloudwatching™ Method from any and all claims associated with the disclosure of information you share at group sessions by a third-party participant.

Questions? If you have questions, please contact us at:

The Cloudwatching™ Method

info@cloudwatching.org

DISPUTES

Subject to applicable law, you and the Cloudwatching™ Method agree that any dispute that has arisen or may arise between us, relating in any way to your use of or access to the Services or App, any breach, enforcement, or termination of these Terms, or otherwise relating to the Cloudwatching™ Method in any way, will be resolved in accordance with the provisions set forth in this Section.

Informal Resolution. If you have any dispute with us, you agree that before taking any formal action, you will contact us at info@cloudwatching.org, provide a brief written description of the dispute and your contact information (including your username, if your dispute relates to an account), and allow sixty (60) days to pass, during which we will attempt to reach an amicable resolution of any issue.

Arbitration. These Terms and each of its parts evidence a transaction involving interstate commerce, and the Federal Arbitration Act applies in all cases and governs the interpretation and enforcement of the arbitration rules and arbitration proceedings. Any Covered Matters must be asserted individually in binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Terms and the AAA Supplementary Procedures for Consumer-Related Disputes (including, without limitation, utilizing desk, phone, or video conference proceedings where appropriate and permitted to mitigate costs of travel). The arbitrator shall not conduct any form of class or collective arbitration nor join or consolidate claims by or for individuals. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable or a particular claim is subject to arbitration. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Award. For matters where the relief sought is more than $5,000, the arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same Cloudwatching™ Method user to the extent required by applicable law. The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.

Exceptions. There are only two exceptions to this arbitration agreement:

First, if a party reasonably believes that the other party has in any manner infringed or threatened to infringe the intellectual property rights of the other party, the party who owns the intellectual property rights may seek injunctive or other appropriate interim relief in any court of competent jurisdiction.

Second, any claim of $500 or less may, at the option of the claiming party, be resolved in small claims court within the United States, if the claim and the parties are within the jurisdiction of the small claims court and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis.

Costs of Arbitration. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this agreement to arbitrate. If the value of the relief sought is $5,000 or less, at your request the Cloudwatching™ Method will reimburse you for all filing, administration, and arbitrator fees associated with the arbitration following the earlier of the arbitrator’s decision or settlement. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, the Cloudwatching™ Method is relieved of its obligation to reimburse you for any fees associated with the arbitration.

Future Amendments to the Agreement to Arbitrate. Notwithstanding any provision in the Terms to the contrary, you and we agree that if we make any amendment to this agreement to arbitrate in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against the Cloudwatching™ Method prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the agreement to arbitrate that have arisen or may arise between you and the Cloudwatching™ Method. If you do not agree to these amended terms, you may close your account within thirty (30) days of the posting or notification and you will not be bound by the amended terms.

Judicial Forum for Legal Disputes. Unless you and we agree otherwise, in the event that the agreement to arbitrate above is found not to apply to you or to a particular claim or dispute, either because of your decision to opt out of the agreement to arbitrate, as a result of a decision by the arbitrator or a court order, or because you have chosen to file an eligible lawsuit in small claims court, you agree that any claim or dispute that has arisen or may arise between you and the Cloudwatching™ Method must be resolved exclusively by a state or federal court located in San Mateo, California. You and the Cloudwatching™ Method agree to submit to the personal jurisdiction of the courts located within San Mateo, California for the purpose of litigating all such claims or disputes.

OPT-OUT. IF YOU ARE A NEW THE CLOUDWATCHING™ METHOD USER, YOU CAN CHOOSE TO REJECT THE AGREEMENT TO ARBITRATE PROVISION ("OPT-OUT") BY EMAILING US AN OPT-OUT NOTICE TO info@cloudwatching.org ("OPT-OUT NOTICE"): THE CLOUDWATCHING™ METHOD. THE OPT-OUT NOTICE MUST BE RECEIVED NO LATER THAN THIRTY (30) DAYS AFTER THE DATE YOU ACCEPT THE TERMS OF SERVICE FOR THE FIRST TIME. IF YOU ARE NOT A NEW THE CLOUDWATCHING™ METHOD USER, YOU HAVE UNTIL THIRTY (30) DAYS AFTER THE POSTING OF THE NEW TERMS OF SERVICE TO SUBMIT AN ARBITRATION OPT-OUT NOTICE.

Procedure. In order to opt-out, you must email your name, address (including street address, city, state, and zip code), email address(es) associated with your account(s) to which the opt-out applies, and an unaltered digital image of a valid driver’s license that matches the name on your account to: info@cloudwatching.org. This procedure is the only way you can opt out of the agreement to arbitrate. If you opt out of the agreement to arbitrate, all other parts of the agreement and its Disputes Section will continue to apply to you. Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.

WAIVER. BY AGREEING TO THESE TERMS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A COURT TRIAL (OTHER THAN SMALL CLAIMS COURT AS PROVIDED BELOW) OR TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES.

INDEMNIFICATION

You hereby agree to indemnify, defend, and hold the Cloudwatching™ Method and all of our officers, directors, managers, members, employees, agents, information providers, affiliates, partners, and licensors (“Cloudwatching™ Method Party,” or collectively, “Cloudwatching™ Method Parties”) harmless from and against any and all liability, claims, damages, losses, costs, and expenses, including attorneys' fees, incurred by any Cloudwatching™ Method Party arising from, related to, or in connection with (a) a violation of any provision of these Terms by you; or (b) arising from, related to, or connected with your violation of the rights of the Cloudwatching™ Method or any other person or entity. We may, at our sole and absolute discretion, control the disposition of any such claim at your sole cost and expense. You may not settle any such claim without our express written consent. This defense and indemnification obligation is intended to extend to the fullest extent permitted by law and will survive these Terms and your use of the App.

WARRANTIES & DISCLAIMERS

Service Outages and Force Majeure. Unless you have greater rights in a separate signed agreement with us, we disclaim to the fullest extent permitted by law any service outages that are caused by our maintenance on the servers or the technology that underlies our App, failures of our service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters, or other destruction or damage of our facilities, acts of nature, war, civil disturbance, or any other cause beyond our reasonable control. Under no circumstances shall the Cloudwatching™ Method or its licensor or service providers be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control. This provision is not intended to disclaim liability that the Cloudwatching™ Method may not disclaim under law.

USE OF APP AND CONTENT IS AT YOUR OWN RISK. WE DO NOT WARRANT THAT OUR APP WILL BE UNINTERRUPTED OR ERROR FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE CONTENT OR COURSES ON OUR APP. OUR APP, CONTENT, AND SESSIONS ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS TO THE FULLEST EXTENT PERMITTED BY LAW. ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH OUR APP IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. NEITHER WE NOR ANY OF OUR AFFILIATES OR BUSINESS PARTNERS MAKES ANY WARRANTY THAT (I) OUR APP, SERVICES, OR COURSES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (II) OUR APP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR APP WILL BE ACCURATE OR RELIABLE; AND (IV) ANY ERRORS WILL BE CORRECTED. NEITHER WE NOR ANY OF OUR AFFILIATES OR BUSINESS PARTNERS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR APP, ANY CONTENT, OR ANY OF OUR SERVICES, TOOLS, PRODUCTS, COURSES, OR PROPERTIES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF OUR APP AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT AND COURSES. THE CLOUDWATCHING™ METHOD ASSUMES NO RESPONSIBILITY FOR AND DISCLAIMS ALL LIABILITY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW FOR ANY SUCH INACCURACIES, ERRORS, OR OMISSIONS. NEITHER WE NOR OUR AFFILIATES OR BUSINESS PARTNERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE OUR APP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS PROVISION IS NOT INTENDED TO DISCLAIM LIABILITY THAT THE CLOUDWATCHING™ METHOD MAY NOT DISCLAIM UNDER APPLICABLE LAW.

NO RESPONSIBILITY FOR THIRD-PARTY PRODUCTS SERVICES AND MATERIALS. THE CLOUDWATCHING™ METHOD DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE APP OR ANY WEBSITE FEATURED OR LINKED TO THROUGH THE APP, AND THE CLOUDWATCHING™ METHOD WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. THE CLOUDWATCHING™ METHOD WILL NOT BE LIABLE FOR THE OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY. YOU VOLUNTARILY ASSUME THE RISK OF HARM OR DAMAGE FROM THE FOREGOING. THE FOREGOING LIMITATIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

NEW JERSEY RESIDENTS. TO NEW JERSEY RESIDENTS, THE PROVISIONS ABOVE ARE INTENDED TO BE AS BROAD AND INCLUSIVE AS PERMITTED BY THE LAW OF THE STATE OF NEW JERSEY ONLY.

LIMITATION OF LIABILITY

NO CONSEQUENTIAL DAMAGES. IN NO EVENT, AS PERMITTED BY THE FULLEST EXTENT OF APPLICABLE LAW, WILL THE CLOUDWATCHING™ METHOD AND THE CLOUDWATCHING™ METHOD PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES RESULTING FROM THE PERFORMANCE, USE OF OR THE INABILITY TO USE THE APP, SERVICES, COURSES, PODCASTS, CONTENT, OR PRODUCTS, EVEN IF THE CLOUDWATCHING™ METHOD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, VIOLATION OF STATUTE, OR OTHERWISE. THIS PROVISION IS NOT INTENDED TO EXCLUDE LIABILITY THAT THE CLOUDWATCHING™ METHOD MAY NOT EXCLUDE UNDER APPLICABLE LAW.

OUR LIABILITY IS LIMITED. IN ANY EVENT, OUR AGGREGATE LIABILITY WILL NOT EXCEED THE AMOUNT PAID FOR THE SERVICES OR PRODUCTS TO WHICH THE CLAIM RELATES OR, IF THE CLAIM DOES NOT RELATE TO A PRODUCT, $100. THIS PROVISION IS NOT INTENDED TO EXCLUDE LIABILITY THAT THE CLOUDWATCHING™ METHOD MAY NOT EXCLUDE UNDER APPLICABLE LAW.

NEW JERSEY RESIDENTS. TO NEW JERSEY RESIDENTS, THE PROVISIONS OF THIS PARAGRAPH 9 ARE INTENDED TO BE AS BROAD AND INCLUSIVE AS PERMITTED BY THE LAW OF THE STATE OF NEW JERSEY ONLY.

TERMINATION & SURVIVAL

Term. These Terms are effective unless and until terminated by us. We may, at our sole and absolute discretion and without any liability, modify, suspend, or discontinue any aspect of the App, temporarily or permanently, at any time and without prior notice.

Suspension and Termination. We may deny you access to all or part of the App at any time for any reason (including if you violate these Terms, as determined at our sole and absolute discretion) or no reason at all.

Survival. If we terminate your right to access the App, these Terms will terminate and all rights you have to access the App will immediately terminate. The following provisions will survive termination: intellectual property, indemnification, payment obligations, warranties and disclaimers, limitations of liability, dispute, and any and all others that by their sense and context are intended to survive the termination or expiration of the agreement shall survive.

GENERAL TERMS

No Waiver; Severability. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision, and our failure to exercise or enforce any right or remedy in these Terms does not waive that right or remedy. The provisions of these terms are intended to extend to the fullest extent permitted by law. No waiver of any term of these Terms will be binding unless in writing.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our App or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Applicable Law. These Terms will be construed in accordance with the laws of the United States of America and (to the extent not inconsistent with or preempted by federal law) the State of California, and the parties irrevocably consent to bring any action to enforce these Terms before an arbitration panel or before a court of competent jurisdiction in San Mateo, California, if seeking interim or preliminary relief or enforcement of an arbitration award.

If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, 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 remainder of the Terms shall continue in effect.

Headings. The provision titles in these Terms are for convenience only and have no legal or contractual effect. These Terms will not be construed against the drafter.

Notice. You hereby consent to receiving and transacting with us by electronic means. We may deliver notice to you by email, posting a notice on the App, or any other method we choose, and such notice will be effective on dispatch. If you give notice to us, it will be effective when received and you must use the following email address:

info@cloudwatching.org

Entire Agreement. These Terms (and all terms and conditions incorporated herein) constitute the entire agreement between you and the Cloudwatching™ Method and govern your use of the App and Services and supersede any prior agreements between you and The Cloudwatching™ Method on the subject matter. You may also be subject to additional terms when you use certain The Cloudwatching™ Method third-party software, content, links, or websites. These Terms, and any rights or licenses granted hereunder, may not be assigned or delegated by you. These Terms, and any rights or licenses granted hereunder, may be assigned or delegated by the Cloudwatching™ Method without restriction. These Terms bind and inure to the benefit of each party and the party’s successors and permitted assigns. These Terms may not be modified by an oral statement by a representative of the Cloudwatching™ Method. No agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms. You agree to comply with all applicable laws in your use of the App and Services. You agree that any agreements made by and between you and us in electronic form are as legally binding as if made in physical written form.

Notice to California Users. Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952–5210.

Notice to Users Outside the United States of America. The App is controlled and offered by the Cloudwatching™ Method from the United States of America. The Cloudwatching™ Method makes no representations that the App is appropriate for use in other locations. Those who access or use the App from other locations do so at their own risk and are responsible for compliance with local law. You consent to the processing in the United States of America of information you provide to us.

Last Updated: 11.09.2024