TERMS OF SERVICE AGREEMENT
PLEASE READ THE FOLLOWING TERMS OF SERVICEAGREEMENT CAREFULLY. BYACCESSING OR USING OUR SITES AND OURSERVICES, YOU HEREBY AGREE TO BEBOUND BY THE TERMS AND ALL TERMSINCORPORATED HEREIN BY REFERENCE. IT ISTHE RESPONSIBILITY OF YOU, THE USER,CUSTOMER, OR PROSPECTIVE CUSTOMERTO READ THE TERMS AND CONDITIONS BEFOREPROCEEDING TO USE THIS SITE. IFYOU DO NOT EXPRESSLY AGREE TO ALL OF THETERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OURSERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF 04/10/2020.
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the"TOS") is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with OneCloud LLC, also known as OneCloud, located at 11835 SW 27th St, Miramar,Florida 33025 and our subsidiaries and affiliates, in association with the useof the OneCloud website, which includes www.onecloudops.com, (the"Site") and its Services, which shall be defined below.
DESCRIPTION OF WEBSITE SERVICES OFFERED
The Site is an e-commerce website cloud service which has the following description:
Provide information about the company and host and access to our cloud service solution
Any and all visitors to our site, despite whether they are registered or not, shall be deemed as "users" of the herein contained Services provided for the purpose of this TOS. Once an individual register's for our Services, through the process of creating an account, the user shall then be considered a "member."
The user and/or member acknowledges and agrees that the Services provided and made available through our website and applications,which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of OneCloud LLC. At its discretion, OneCloud LLC may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise estipulated. OneCloud LLC does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user and/or member, acknowledge, accept and agree that OneCloud LLC shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised or modified terms, you must stop using the provided Services forthwith.
Furthermore, the user and/or member understands,acknowledges and agrees that the Services offered shall be provided "AS IS" and as such OneCloud LLC shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.
REGISTRATION
To register and become a "member" of the Site,you must be at least 18 years of age to enter into and form a legally binding contract. In addition, you must be in good standing and not an individual that has been previously barred from receiving OneCloud's Services under the laws and statutes of the United States or other applicable jurisdiction.
When you register, OneCloud may collect information such as your name, e-mail address, birth date, gender, mailing address, occupation,industry and personal interests. You can edit your account information at any time. Once you register with OneCloud and sign in to our Services, you are no longer anonymous to us.
Furthermore, the registering party hereby acknowledges,understands and agrees to:
a) furnish factual, correct, current and complete information with regards to yourself as may be requested by the data registration process, and
b) maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all times.
If anyone knowingly provides any information of a false,untrue, inaccurate or incomplete nature, OneCloud LLC will have sufficient grounds and rights to suspend or terminate the member in violation of thisaspect of the Agreement, and as such refuse any and all current or future useof OneCloud LLC Services, or any portion thereof.
It is OneCloud LLC's priority to ensure the safety andprivacy of all its visitors, users and members, especially that of children.Therefore, it is for this reason that the parents of any child under the age of13 that permit their child or children access to the OneCloud website platformServices must create a "family" account, which will certify that theindividual creating the "family" account is of 18 years of age and assuch, the parent or legal guardian of any child or children registered underthe "family" account. As the creator of the "family"account, s/he is thereby granting permission for his/her child or children toaccess the various Services provided, including, but not limited to, messageboards, email, and/or instant messaging. It is the parent's and/or legalguardian's responsibility to determine whether any of the Services and/orcontent provided are age-appropriate for his/her child.
MEMBER ACCOUNT, USERNAME, PASSWORD AND SECURITY
When you set up an account, you are the sole authorizeduser of your account. You shall be responsible for maintaining the secrecy andconfidentiality of your password and for all activities that transpire on orwithin your account. It is your responsibility for any act or omission of anyuser(s) that access your account information that, if undertaken by you, wouldbe deemed a violation of the TOS. It shall be your responsibility to notifyOneCloud LLC immediately if you notice any unauthorized access or use of youraccount or password or any other breach of security. OneCloud LLC shall not beheld liable for any loss and/or damage arising from any failure to comply withthis term and/or condition of the TOS.
CONDUCT
As a user or member of the Site, you herein acknowledge,understand and agree that all information, text, software, data, photographs,music, video, messages, tags or any other content, whether it is publicly orprivately posted and/or transmitted, is the expressed sole responsibility ofthe individual from whom the content originated. In short, this means that youare solely responsible for any and all content posted, uploaded, emailed,transmitted or otherwise made available by way of the OneCloud Services, and assuch, we do not guarantee the accuracy, integrity or quality of such content. Itis expressly understood that by use of our Services, you may be exposed tocontent including, but not limited to, any errors or omissions in any contentposted, and/or any loss or damage of any kind incurred as a result of the useof any content posted, emailed, transmitted or otherwise made available byOneCloud.
Furthermore, you herein agree not to make use of OneCloudLLC's Services for the purpose of:
a) uploading, posting, emailing, transmitting, orotherwise making available any content that shall be deemed unlawful, harmful,threatening, abusive, harassing, tortious, defamatory, vulgar, obscene,libelous, or invasive of another's privacy or which is hateful, and/orracially, ethnically, or otherwise objectionable;
b) causing harm to minors in any manner whatsoever;
c) impersonating any individual or entity,including, but not limited to, any OneCloud officials, forum leaders, guides orhosts or falsely stating or otherwise misrepresenting any affiliation with anindividual or entity;
d) forging captions, headings or titles orotherwise offering any content that you personally have no right to pursuant toany law nor having any contractual or fiduciary relationship with;
e) uploading, posting, emailing, transmitting orotherwise offering any such content that may infringe upon any patent,copyright, trademark, or any other proprietary or intellectual rights of anyother party;
f) uploading, posting, emailing, transmitting orotherwise offering any content that you do not personally have any right tooffer pursuant to any law or in accordance with any contractual or fiduciaryrelationship;
g) uploading, posting, emailing, transmitting, orotherwise offering any unsolicited or unauthorized advertising, promotionalflyers, "junk mail," "spam," or any other form ofsolicitation, except in any such areas that may have been designated for suchpurpose;
h) uploading, posting, emailing, transmitting, orotherwise offering any source that may
containa software virus or other computer code, any files and/or programs which havebeen designed to interfere, destroy and/or limit the operation of any computersoftware, hardware, or telecommunication equipment;
i) disrupting the normal flow of communication, orotherwise acting in any manner that would negatively affect other users'ability to participate in any real time interactions;
j) interfering with or disrupting any OneCloud LLCServices, servers and/or networks that may be connected or related to ourwebsite, including, but not limited to, the use of any device software and/orroutine to bypass the robot exclusion headers;
k) intentionally or unintentionally violating anylocal, state, federal, national or international law, including, but notlimited to, rules, guidelines, and/or regulations decreed by the U.S.Securities and Exchange Commission, in addition to any rules of any nation orother securities exchange, that would include without limitation, the New YorkStock Exchange, the American Stock Exchange, or the NASDAQ, and any regulationshaving the force of law;
l) providing informational support or resources,concealing and/or disguising the character, location, and or source to anyorganization delegated by the United States government as
a "foreign terrorist organization" in accordanceto Section 219 of the Immigration Nationality Act;
m) "stalking" or with the intent to otherwiseharass another individual; and/or
n) collecting or storing of any personal datarelating to any other member or user in connection with the prohibited conductand/or activities which have been set forth in the aforementioned paragraphs.
OneCloud LLC herein reserves the right to pre-screen,refuse and/or delete any content currently available through our Services. Inaddition, we reserve the right to remove and/or delete any such content thatwould violate the TOS or which would otherwise be considered offensive to othervisitors, users and/or members.
OneCloud LLC herein reserves the right to access, preserveand/or disclose member account information and/or content if it is requested todo so by law or in good faith belief that any such action is deemed reasonablynecessary for:
a) compliancewith any legal process;
b) enforcementof the TOS;
c) responding to any claim that therein containedcontent is in violation of the rights of any third party;
d) respondingto requests for customer service; or
e) protectingthe rights, property or the personal safety of OneCloud LLC, its visitors,users
and members, including the general public.
OneCloud LLC herein reserves the right to include the useof security components that may permit digital information or material to beprotected, and that such use of information and/or material is subject to usageguidelines and regulations established by OneCloud LLC or any other contentproviders supplying content services to OneCloud LLC. You are hereby prohibitedfrom making any attempt to override or circumvent any of the embedded usagerules in our Services. Furthermore, unauthorized reproduction, publication,distribution, or exhibition of any information or materials supplied by ourServices, despite whether done so in whole or in part, is expressly prohibited.
INTERSTATE COMMUNICATION
Upon registration, you hereby acknowledge that by usingwww.onecloudops.com to send electronic communications, which would include, butare not limited to, email, searches, instant messages, uploading of files,photos and/or videos, you will be causing communications to be sent through ourcomputer network. Therefore, through your use, and thus your agreement withthis TOS, you are acknowledging that the use of this Service shall result ininterstate transmissions.
CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORTCOMPLIANCE
Due to the global nature of the internet, through the useof our network you hereby agree to comply with all local rules relating toonline conduct and that which is considered acceptable Content. Uploading,posting and/or transferring of software, technology and other technical datamay be subject to the export and import laws of the United States and possiblyother countries. Through the use of our network, you thus agree to comply withall applicable export and import laws, statutes and regulations, including, butnot limited to, the Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html),as well as the sanctions control program of the United States (http://www.treasury.gov/resourcecenter/sanctions/Programs/Pages/Programs.aspx). Furthermore,you state and pledge that you:
a) arenot on the list of prohibited individuals which may be identified on anygovernment export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm)nor a member of any other government which may be part of an export-prohibitedcountry identified in applicable export and import laws and regulations;
b) agreenot to transfer any software, technology or any other technical data throughthe use of our network Services to any export-prohibited country;
c) agree not to use our website network Servicesfor any military, nuclear, missile, chemical or biological weaponry end usesthat would be a violation of the U.S. export laws; and
d) agreenot to post, transfer nor upload any software, technology or any othertechnical data which would be in violation of the U.S. or other applicableexport and/or import laws.
CONTENT PLACED OR MADE AVAILABLE FOR COMPANYSERVICES
OneCloud LLC shall not lay claim to ownership of anycontent submitted by any visitor, member, or user, nor make such contentavailable for inclusion on our website Services. Therefore, you hereby grantand allow for OneCloud LLC the below listed worldwide, royalty-free andnonexclusive licenses, as applicable:
a) The content submitted or made available forinclusion on the publicly accessible areas of OneCloud LLC's sites, the licenseprovided to permit to use, distribute, reproduce, modify, adapt, publiclyperform and/or publicly display said Content on our network Services is for thesole purpose of providing and promoting the specific area to which this contentwas placed and/or made available for viewing. This license shall be availableso long as you are a member of OneCloud LLC's sites, and shall terminate at suchtime when you elect to discontinue your membership.
b) Photos, audio, video and/or graphics submittedor made available for inclusion on the publicly accessible areas of OneCloudLLC's sites, the license provided to permit to use, distribute, reproduce,modify, adapt, publicly perform and/or publicly display said Content on ournetwork Services are for the sole purpose of providing and promoting thespecific area in which this content was placed and/or made available forviewing. This license shall be available so long as you are a member ofOneCloud LLC's sites and shall terminate at such time when you elect todiscontinue your membership.
c) For any other content submitted or madeavailable for inclusion on the publicly accessible areas of OneCloud LLC'ssites, the continuous, binding and completely sub-licensable license which ismeant to permit to use, distribute, reproduce, modify, adapt, publish,translate, publicly perform and/or publicly display said content, whether inwhole or in part, and the incorporation of any such Content into other works inany arrangement or medium current used or later developed.
Those areas which may be deemed "publiclyaccessible" areas of OneCloud LLC's sites are those such areas of ournetwork properties which are meant to be available to the general public, andwhich would include message boards and groups that are openly available to bothusers and members. However, those areas which are not open to the public, andthus available to members only, would include our mail system and instantmessaging.
CONTRIBUTIONS TO COMPANY WEBSITE
OneCloud LLC provides an area for our users and members tocontribute feedback to our website. When you submit ideas, documents,suggestions and/or proposals ("Contributions") to our site, youacknowledge and agree that:
a) yourcontributions do not contain any type of confidential or proprietaryinformation;
b) OneCloudshall not be liable or under any obligation to ensure or maintainconfidentiality, expressed or implied, related to any Contributions;
c) OneCloud shall be entitled to make use of and/ordisclose any such Contributions in any such manner as they may see fit;
d) thecontributor's Contributions shall automatically become the sole property ofOneCloud; and
e) OneCloudis under no obligation to either compensate or provide any form ofreimbursement in any manner or nature.
INDEMNITY
All users and/or members herein agree to insure and hold OneCloud LLC, oursubsidiaries, affiliates, agents, employees, officers, partners and/orlicensors blameless or not liable for any claim or demand, which may include,but is not limited to, reasonable attorney fees made by any third party whichmay arise from any content a member or user of our site may submit, post,modify, transmit or otherwise make available through our Services, the useof OneCloud Services or your connectionwith these Services, your violations of the Terms of Service and/or yourviolation of any such rights of another person.
COMMERCIAL REUSE OF SERVICES
The member or user herein agrees not to replicate,duplicate, copy, trade, sell, resell nor exploit for any commercial reason anypart, use of, or access to OneCloud's sites.
USE AND STORAGE GENERAL PRACTICES
You herein acknowledge that OneCloud LLC may set up anysuch practices and/or limits regarding the use of our Services, withoutlimitation of the maximum number of days that any email, message posting or anyother uploaded content shall be retained by OneCloud LLC, nor the maximumnumber of email messages that may be sent and/or received by any member, themaximum volume or size of any email message that may be sent from or may bereceived by an account on our Service, the maximum disk space allowable thatshall be allocated on OneCloud LLC's servers on the member's behalf, and/or themaximum number of times and/or duration that any member may access our Servicesin a given period of time. In addition,you also agree that OneCloud LLC has absolutely no responsibility or liabilityfor the removal or failure to maintain storage of any messages and/or othercommunications or content maintained or transmitted by our Services. You alsoherein acknowledge that we reserve the right to delete or remove any accountthat is no longer active for an extended period of time. Furthermore, OneCloudLLC shall reserve the right to modify, alter and/or update these generalpractices and limits at our discretion.
Any messenger service, which may include any web-basedversions, shall allow you and the individuals with whom you communicate withthe ability to save your conversations in your account located on OneCloudLLC's servers. In this manner, you will be able to access and search yourmessage history from any computer with internet access. You also acknowledgethat others have the option to use and save conversations with you in their ownpersonal account on www.onecloudops.com. It is your agreement to this TOS whichestablishes your consent to allow OneCloud LLC to store any and allcommunications on its servers.
MODIFICATIONS
OneCloud LLC shall reserve the right at any time it maydeem fit, to modify, alter and or discontinue, whether temporarily orpermanently, our service, or any part thereof, with or without prior notice. Inaddition, we shall not be held liable to you or to any third party for any suchalteration, modification, suspension and/or discontinuance of our Services, orany part thereof.
TERMINATION
As a member of www.onecloudops.com, you may cancel orterminate your account, associated email address and/or access to our Servicesby submitting a cancellation or termination request to info@onecloudops.com.
As a member, you agree that OneCloud LLC may, without anyprior written notice, immediately suspend, terminate, discontinue and/or limityour account, any email associated with your account, and access to any of ourServices. The cause for such termination, discontinuance, suspension and/orlimitation of access shall include, but is not limited to:
a) anybreach or violation of our TOS or any other incorporated agreement, regulationand/or guideline;
b) byway of requests from law enforcement or any other governmental agencies;
c) the discontinuance, alteration and/or materialmodification to our Services, or any part thereof;
d) unexpectedtechnical or security issues and/or problems;
e) anyextended periods of inactivity;
f) any engagement by you in any fraudulent orillegal activities; and/or
g) the nonpayment of any associated fees that maybe owed by you in connection with your www.onecloudops.com account Services.
Furthermore, you herein agree that any and all terminations,suspensions, discontinuances, and or limitations of access for cause shall bemade at our sole discretion and that we shall not be liable to you or any otherthird party with regards to the termination of your account, associated emailaddress and/or access to any of our Services.
The termination of your account with www.onecloudops.comshall include any and/or all of the following:
a) theremoval of any access to all or part of the Services offered withinwww.onecloudops.com;
b) thedeletion of your password and any and all related information, files, and anysuch content that may be associated with or inside your account, or any partthereof; and
c) the barring of any further use of all or part ofour Services.
ADVERTISERS
Any correspondence or business dealings with, or theparticipation in any promotions of, advertisers located on or through ourServices, which may include the payment and/or delivery of such related goodsand/or Services, and any such other term, condition, warranty and/orrepresentation associated with such dealings, are and shall be solely betweenyou and any such advertiser. Moreover, you herein agree that OneCloud LLC shallnot be held responsible or liable for any loss or damage of any nature or mannerincurred as a direct result of any such dealings or as a result of the presenceof such advertisers on our website.
LINKS
Either OneCloud LLC or any third parties may provide linksto other websites and/or resources. Thus, you acknowledge and agree that we arenot responsible for the availability of any such external sites or resources,and as such, we do not endorse nor are we responsible or liable for anycontent, products, advertising or any other materials, on or available fromsuch third party sites or resources. Furthermore, you acknowledge and agreethat OneCloud LLC shall not be responsible or liable, directly or indirectly,for any such damage or loss which may be a result of, caused or allegedly to becaused by or in connection with the use of or the reliance on any such content,goods or Services made available on or through any such site or resource.
PROPRIETARY RIGHTS
You do hereby acknowledge and agree that OneCloud LLC'sServices and any essential software that may be used in connection with ourServices ("Software") shall contain proprietary and confidentialmaterial that is protected by applicable intellectual property rights and otherlaws. Furthermore, you herein acknowledge and agree that any Content which maybe contained in any advertisements or information presented by and through ourServices or by advertisers is protected by copyrights, trademarks, patents orother proprietary rights and laws. Therefore, except for that which isexpressly permitted by applicable law or as authorized by OneCloud LLC or suchapplicable licensor, you agree not to alter, modify, lease, rent, loan, sell,distribute, transmit, broadcast, publicly perform and/or created anyplagiaristic works which are based on OneCloud LLC Services (e.g. Content or Software),in whole or part.
OneCloud LLC herein has granted you personal,non-transferable and non-exclusive rights and/or license to make use of theobject code or our Software on a single computer, as long as you do not, andshall not, allow any third party to duplicate, alter, modify, create orplagiarize work from, reverse engineer, reverse assemble or otherwise make anattempt to locate or discern any source code, sell, assign, sublicense, grant asecurity interest in and/or otherwise transfer any such right in the Software.Furthermore, you do herein agree not to alter or change the Software in anymanner, nature or form, and as such, not to use any modified versions of theSoftware, including and without limitation, for the purpose of obtaining unauthorizedaccess to our Services. Lastly, you also agree not to access or attempt toaccess our Services through any means other than through the interface which isprovided by OneCloud LLC for use in accessing our Services.
WARRANTY DISCLAIMERS
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
a) THEUSE OF ONECLOUD LLC SERVICES AND SOFTWARE ARE AT THE SOLE RISK
BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN"AS IS"
AND/OR "AS AVAILABLE" BASIS. ONECLOUD LLC AND OURSUBSIDIARIES,
AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS ANDLICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER
EXPRESSEDOR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE,MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b) ONECLOUDLLC AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS,
PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i)ONECLOUD
LLC SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii)ONECLOUD
LLC SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY,SECURE OR
ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINEDFROM THE
USE OF THE ONECLOUD LLC SERVICES OR SOFTWARE WILL BEACCURATE OR
RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANYINFORMATION OR
OTHERMATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES ORSOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED INTHE SOFTWARE SHALL BE CORRECTED.
c) ANY INFORMATION OR MATERIAL DOWNLOADED OROTHERWISE OBTAINED BY
WAY OF ONECLOUD LLC SERVICES OR SOFTWARE SHALL BE ACCESSEDBY
YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALLBE SOLELY
RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS ANDCAUSES OF
ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR
INTERNETACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULDRESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
d) NOADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT
MAY BEOBTAINED BY YOU FROM ONECLOUD LLC OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARESHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
e) ASMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF
EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR
BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN ORWHILE
USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE APREVIOUSLY
UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERSWHO
HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY.SHOULD YOU,
ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC
CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANYOF THE
FOLLOWINGSYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLETWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, ORCONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THATONECLOUD LLC
AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES,AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE,INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,INCLUDING, BUT
NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OFANY PROFITS,
GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVENTHOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAYOCCUR, AND RESULT FROM:
a) THEUSE OR INABILITY TO USE OUR SERVICE;
b) THECOST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOURTRANSMISSIONS AND/OR DATA;
d) STATEMENTSOR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
e) ANDANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
RELEASE
In the event you have a dispute, you agree to releaseOneCloud LLC (and its officers, directors, employees, agents, parentsubsidiaries, affiliates, co-branders, partners and any other third parties)from claims, demands and damages (actual and consequential) of every kind andnature, known and unknown, suspected or unsuspected, disclosed and undisclosed,arising out of or in any way connected to such dispute.
SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS
Should you intend to create or to join any service, receiveor request any such news, messages, alerts or other information from ourServices concerning companies, stock quotes, investments or securities, pleasereview the above Sections Warranty Disclaimers and Limitations of Liabilityagain. In addition, for this particular type of information, the phrase"Let the investor beware" is appropriate. OneCloud LLC's content isprovided primarily for informational purposes, and no content that shall beprovided or included in our Services is intended for trading or investingpurposes. OneCloud LLC and our licensors shall not be responsible or liable forthe accuracy, usefulness or availability of any information transmitted and/ormade available by way of our Services, and shall not be responsible or liablefor any trading and/or investment decisions based on any such information.
EXCLUSION AND LIMITATIONS
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THEEXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FORINCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONSOF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TOYOU.
THIRD PARTY BENEFICIARIES
You herein acknowledge, understand and agree, unlessotherwise expressly provided in this TOS, that there shall be no third-partybeneficiaries to this agreement.
NOTICE
OneCloud LLC may furnish you with notices, including thosewith regards to any changes to the TOS, including but not limited to email,regular mail, MMS or SMS, text messaging, postings on our website Services, orother reasonable means currently known or any which may be herein afterdeveloped. Any such notices may not be received if you violate any aspects ofthe TOS by accessing our Services in an unauthorized manner. Your acceptance ofthis TOS constitutes your agreement that you are deemed to have received anyand all notices that would have been delivered had you accessed our Services inan authorized manner.
TRADEMARK INFORMATION
You herein acknowledge, understand and agree that all ofthe OneCloud LLC trademarks, copyright, trade name, service marks, and otherOneCloud LLC logos and any brand features, and/or product and service names aretrademarks and as such, are and shall remain the property of OneCloud LLC. Youherein agree not to display and/or use in any manner the OneCloud LLC logo ormarks without obtaining OneCloud LLC's prior written consent.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENTCLAIMS NOTICE & PROCEDURES
OneCloud LLC will always respect the intellectual propertyof others, and we ask that all of our users do the same. With regards toappropriate circumstances and at its sole discretion, OneCloud LLC may disableand/or terminate the accounts of any user who violates our TOS and/or infringesthe rights of others. If you feel that your work has been duplicated in such away that would constitute copyright infringement, or if you believe yourintellectual property rights have been otherwise violated, you should provideto us the following information:
a) Theelectronic or the physical signature of the individual that is authorized onbehalf of the owner of the copyright or other intellectual property interest;
b) Adescription of the copyrighted work or other intellectual property that youbelieve has been infringed upon;
c) Adescription of the location of the site which you allege has been infringingupon your work;
d) Yourphysical address, telephone number, and email address;
e) Astatement, in which you state that the alleged and disputed use of your work isnot authorized by the copyright owner, its agents or the law;
f) And finally, a statement, made under penalty ofperjury, that the aforementioned information in your notice is truthful andaccurate, and that you are the copyright or intellectual property owner,representative or agent authorized to act on the copyright or intellectualproperty owner's behalf.
The OneCloud LLC Agent for notice of claims of copyright orother intellectual property infringement can be contacted as follows:
Mailing Address:
OneCloud LLC
Attn: Copyright Agent
11835 SW 27th St
Miramar, Florida 33025
Telephone: (888) 323-5275
Email: info@onecloudops.com
CLOSED CAPTIONING
BE IT KNOWN, that OneCloud LLC complies with all applicableFederal Communications Commission rules and regulations regarding the closedcaptioning of video content. For more information, please visit our website atwww.onecloudops.com.
GENERAL INFORMATION
ENTIRE AGREEMENT
This TOS constitutes the entire agreement between you andOneCloud LLC and shall govern the use of our Services, superseding any priorversion of this TOS between you and us with respect to OneCloud LLC Services.You may also be subject to additional terms and conditions that may apply whenyou use or purchase certain other OneCloud LLC Services, affiliate Services,thirdparty content or third-party software.
CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and OneCloud LLCwith regard to the TOS that the relationship between the parties shall begoverned by the laws of the state of Florida without regard to its conflict oflaw provisions and that any and all claims, causes of action and/or disputes,arising out of or relating to the TOS, or the relationship between you andOneCloud LLC, shall be filed within the courts having jurisdiction within theCounty of United States, Florida or the U.S. District Court located in saidstate. You and OneCloud LLC agree to submit to the jurisdiction of the courtsas previously mentioned, and agree to waive any and all objections to theexercise of jurisdiction over the parties by such courts and to venue in suchcourts.
WAIVER AND SEVERABILITY OF TERMS
At any time, should OneCloud LLC fail to exercise orenforce any right or provision of the TOS, such failure shall not constitute awaiver of such right or provision. If any provision of this TOS is found by acourt of competent jurisdiction to be invalid, the parties nevertheless agreethat the court should endeavor to give effect to the parties' intentions asreflected in the provision, and the other provisions of the TOS remain in fullforce and effect.
NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY
You acknowledge, understand and agree that your account isnon-transferable and any rights to your ID and/or contents within your accountshall terminate upon your death. Upon receipt of a copy of a death certificate,your account may be terminated and all contents therein permanently deleted.
STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless ofany statute or law to the contrary, any claim or action arising out of orrelated to the use of our Services or the TOS must be filed within 1 year(s)after said claim or cause of action arose or shall be forever barred.
VIOLATIONS
Please report any and all violations of this TOS toOneCloud LLC as follows:
Mailing Address: OneCloud LLC
11835 SW 27th St
Miramar, Florida 33025
Telephone: (888) 323-5275
Email: info@onecloudops.com