Terms of Service:
Please read this Agreement carefully before accessing or using the Websites. By accessing or using any part of the Websites, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Websites or use any services. If these terms and conditions are considered an offer by Cloud 9 Business Apps Inc., acceptance is expressly limited to these terms. The Websites are available only to individuals who are at least 13 years old.
- Your Cloud 9 Business Apps Inc. Account and Site.
If you create a listing or page on this site, access a listing created by someone else, or access a website created for you by Cloud 9 Business Apps Inc., you are responsible for maintaining the security of your account, website, page or listing, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must not describe or assign keywords to your listing in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Cloud 9 Business Apps Inc. may change or remove any description, keyword, or content of any kind that it considers inappropriate or unlawful, or otherwise likely to cause Cloud 9 Business Apps Inc. liability. You must immediately notify Cloud 9 Business Apps Inc. of any unauthorized uses of your website, your listing, your account or any other breaches of security. Cloud 9 Business Apps Inc. will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- Unlimited Usage.
“Unlimited”, for the purposes of these terms means usage is provided under fair use basis, and Cloud 9 Business Apps Inc. reserves the right to terminate service it deems abuses our unlimited service. Fair use means the customer is to use the service in a fair manner consistent with normal B&B listings, websites or other products or services we may provide. Cloud 9 Business Apps Inc. reserves the right to suspend or terminate service immediately and without advance notice if, in the sole judgement of Cloud 9 Business Apps Inc., the customer is in violation of this condition and abusing our unlimited service.
- Responsibility of Contributors.
If you operate a listing, website or comment on a listing, website or page or post material to the Website, post links on the Websites, or otherwise make (or allow any third party to make) material available by means of the Websites (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, a video file or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your listing or website is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your listing or website is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your website’s URL or name is not the name of a person other than yourself or company other than your own
By submitting Content to Cloud 9 Business Apps Inc. for inclusion on your Websites, you grant Cloud 9 Business Apps Inc. a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content for the purpose of displaying, distributing and promoting your listing, as well as for any other purpose whatsoever. If you delete Content, Cloud 9 Business Apps Inc. will use reasonable efforts to remove it from the Websites, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Cloud 9 Business Apps Inc. has the right (though not the obligation) to, in Cloud 9 Business Apps Inc.’s sole discretion (i) refuse or remove any content that, in Cloud 9 Business Apps Inc.’s reasonable opinion, violates any Cloud 9 Business Apps Inc. policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Websites to any individual or entity for any reason, in Cloud 9 Business Apps Inc.’s sole discretion. Cloud 9 Business Apps Inc. will have no obligation to provide a refund of any amounts previously paid.
- Payment and Renewal.
- General Terms.
By selecting a product or service, you agree to pay Cloud 9 Business Apps Inc. the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable.
- Automatic Renewal.
Unless you notify Cloud 9 Business Apps Inc. before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time by submitting your request to Cloud 9 Business Apps Inc. in writing.
- General Terms.
- Fees; Payment. By signing up for a Services account you agree to pay Cloud 9 Business Apps Inc. the applicable setup and/or recurring fees. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. Cloud 9 Business Apps Inc. reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Services can be canceled by you at anytime on thirty (30) days written notice to Cloud 9 Business Apps Inc..
- Support. If your service includes access to priority email support, “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Cloud 9 Business Apps Inc. to respond within one business day) concerning the use of the “Priority Email Support Services”. “Priority” means that support takes priority over support for users of the standard or free Cloud 9 Business Apps Inc. services. All support will be provided in accordance with Cloud 9 Business Apps Inc. standard services practices, procedures and policies.
- Modifications to the Websites.
Cloud 9 Business Apps Inc. reserves the right to modify, suspend or discontinue, temporarily or permanently, the Websites or any service to which it connects with or without notice and without liability to you. Any feedback, comments, ideas, improvements or suggestions (collectively, “Suggestions”) provided by you to Cloud 9 Business Apps Inc. with respect to the Websites shall remain the sole and exclusive property of Cloud 9 Business Apps Inc., Cloud 9 Business Apps Inc. shall be free to use, copy, modify, publish, or redistribute the suggestions for any purpose and in any way without any credit or any compensation to you.
- Updates to the Websites.
Cloud 9 Business Apps Inc. may from time to time provide enhancements or improvements to the features/functionality of the Websites which may include patches, bug fixes, updates, upgrades and other modifications (“Updates”). Updates may modify or delete certain features and/or functionalities of the Websites. You agree that Cloud 9 Business Apps Inc. has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Websites to you. You further agree that all Updates will be (i) deemed to constitute an integral part of the Websites, and (ii) subject to the terms and conditions of this Agreement.
- Responsibility of Website Visitors. Cloud 9 Business Apps Inc. has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, Application or Standalone Website and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Application or Standalone website, Cloud 9 Business Apps Inc. does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Websites may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Websites may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Cloud 9 Business Apps Inc. disclaims any responsibility for any harm resulting from the use by visitors of the Websites, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Cloud 9 Business Apps Inc. links, and that link to Cloud 9 Business Apps Inc.. Cloud 9 Business Apps Inc. does not have any control over those non-Cloud 9 Business Apps Inc. websites and webpages, and is not responsible for their contents or their use. By linking to a non-Cloud 9 Business Apps Inc. website or webpage, Cloud 9 Business Apps Inc. does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Cloud 9 Business Apps Inc. disclaims any responsibility for any harm resulting from your use of non-Cloud 9 Business Apps Inc. websites and webpages.
- Copyright Infringement and DMCA Policy. As Cloud 9 Business Apps Inc. asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Cloud 9 Business Apps Inc. violates your copyright, you are encouraged to notify Cloud 9 Business Apps Inc. in accordance with Cloud 9 Business Apps Inc.’s Digital Millennium Copyright Act (“DMCA”) Policy. Cloud 9 Business Apps Inc. will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Cloud 9 Business Apps Inc. will terminate a visitor’s access to and use of the Websites if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Cloud 9 Business Apps Inc. or others. In the case of such termination, Cloud 9 Business Apps Inc. will have no obligation to provide a refund of any amounts previously paid to Cloud 9 Business Apps Inc..
- Intellectual Property. This Agreement does not transfer from Cloud 9 Business Apps Inc. to you any Cloud 9 Business Apps Inc. or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Cloud 9 Business Apps Inc., logo, and all other trademarks, service marks, graphics and logos used in connection with Cloud 9 Business Apps Inc., or the Website are trademarks or registered trademarks of Cloud 9 Business Apps Inc. or Cloud 9 Business Apps Inc.’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Websites may be the trademarks of other third parties. Your use of the Websites grants you no right or license to reproduce or otherwise use any Cloud 9 Business Apps Inc. or third-party trademarks.
- Advertisements. Cloud 9 Business Apps Inc. reserves the right to display advertisements on your all Website’s, other than standalone websites, unless you have purchased an ad-free account.
- Attribution. Cloud 9 Business Apps Inc. reserves the right to display attribution links such as ‘Website by Cloud 9 Business Apps Inc.,’ theme author, and font attribution in your Website footer or toolbar.
- Partner Products. By activating a partner product (e.g. theme) from one of our partners, you agree to that partner’s terms of service. You can opt out of their terms of service at any time by de-activating the partner product.
- Domain Names. If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”), including their Registration Rights and Responsibilities.
- Changes. Cloud 9 Business Apps Inc. reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Websites following the posting of any changes to this Agreement constitutes acceptance of those changes. Cloud 9 Business Apps Inc. may also, in the future, offer new services and/or features through the Websites (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. Cloud 9 Business Apps Inc. may terminate your access to all or any part of the Websites at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Cloud 9 Business Apps Inc. account (if you have one), you may simply discontinue using the Websites. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by Cloud 9 Business Apps Inc. if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Cloud 9 Business Apps Inc.’s notice to you thereof; provided that, Cloud 9 Business Apps Inc. can terminate the Websites immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Websites are provided “as is”. Cloud 9 Business Apps Inc. and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Cloud 9 Business Apps Inc. nor its suppliers and licensors, makes any warranty that the Websites will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Websites at your own discretion and risk.
- Limitation of Liability. In no event will Cloud 9 Business Apps Inc., or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Cloud 9 Business Apps Inc. under this agreement during the two (2) month period prior to the cause of action. Cloud 9 Business Apps Inc. shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless Cloud 9 Business Apps Inc., its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including lawyer/attorneys’ fees, arising out of your use of the Websites, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between Cloud 9 Business Apps Inc. and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Cloud 9 Business Apps Inc., or by the posting by Cloud 9 Business Apps Inc. of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Websites will be governed by the laws of the Province of British Columbia, Canada, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Vernon, BC, Canada. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Vernon, BC, Canada, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and lawyer/attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Cloud 9 Business Apps Inc. may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
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