Terms Of Use

Last updated: March 06 2018

Welcome to www.cloudneeti.com, which is owned and operated by Cloudneeti Corporation (“Cloudneeti,” “ we,” “us” or “our”). These terms and conditions of use (these “Terms”) apply to your use of www.cloudneeti.com or any successor website (the “Cloudneeti Site”). Notwithstanding anything in these Terms to the contrary, access and use of Cloudneeti’s Continuous Assurance Platform through the Cloudneeti Site are governed by separate terms and conditions and not these Terms.

 

Accepting these Terms

If you access or use the Cloudneeti Site, it means you agree to be bound by all of the terms below. Please read all of the terms before you use the Cloudneeti Site. If a term does not make sense to you, please let us know. If you don’t agree to all of the terms below, you may not use the Cloudneeti Site.

 

Changes to these Terms

We encourage you to review the Terms regularly to know about our practices. We may change these Terms from time to time. If we make changes, we will let you know by revising the date at the top of these Terms and, in some cases, provide you with additional notice (such as adding a statement to our homepage). Any changes we make to these Terms will be effective when we post them. If you use the Cloudneeti Site after we have posted the changed Terms, then you have accepted the changes to these Terms.

 

Privacy Policy

For information about how we collect, use and share information about users of the Cloudneeti Site, please see our Privacy Policy.

 

Right to Use the Cloudneeti Site

On the condition that you fully comply with these Terms, Cloudneeti grants you a limited, nonexclusive, non-transferable and revocable license to access and use the Cloudneeti Site for internal purposes only.

Except as expressly authorized by these Terms, you may not: (a) modify, disclose, alter, translate or create derivative works of the Cloudneeti Site or any contents of the Cloudneeti Site; (b) license, sublicense, resell, distribute, lease, rent, lend, transfer, assign or otherwise dispose of the Cloudneeti Site; (c) disassemble, decompile or reverse engineer any of the software components of the Cloudneeti Site; (d) copy, frame or mirror any part of the Cloudneeti Site; (e) interfere with or disrupt the integrity or performance of the Cloudneeti Site; or (f) attempt to gain unauthorized access to the Cloudneeti Site or its related services, components, systems or networks.

 

Cloudneeti’s Rights

As between you and Cloudneeti, all information, materials and content of the Cloudneeti Site, including text, graphics, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, services, videos, designs, typefaces, source and object code, format, queries, algorithms and other content is owned by Cloudneeti or is used with permission. Cloudneeti reserves all rights not expressly set forth in these Terms.

 

Feedback

Any suggestions, comments or other feedback you give us about the Cloudneeti Site or any Cloudneeti products and services will be our confidential information. We are free to use, disclose, reproduce, license, distribute and exploit this feedback as we see fit, without compensation to you or any obligation or restriction because of any intellectual property rights or otherwise.

 

Confidentiality

We may disclose to you non-public information about our business, services, strategy, suppliers, or customers (“Confidential Information”). You agree that you will not disclose or use such Confidential Information for any purpose without obtaining the prior written consent of Cloudneeti. This obligation will survive termination of your use of the Cloudneeti Site.

 

Third Party Materials

We may make third party content or services available on or through the Cloudneeti Site as a convenience to our users (for example, links to third party websites) (“Third Party Materials”). We do not control or endorse any Third Party Materials nor are we responsible for reviewing the accuracy of any Third Party Materials. Your business dealings or correspondence with third parties, and any terms, conditions, warranties or representations applicable to any Third Party Materials, are solely between you and the applicable third party. When you leave the Cloudneeti Site, you should be aware that these Terms and all other Cloudneeti policies no longer govern your use of other websites and services.

 

Disclaimers

THE CLOUDNEETI SITE AND ANY CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE CLOUDNEETI SITE (INCLUDING THIRD PARTY MATERIALS) ARE PROVIDED TO YOU ON AN AS-IS BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE CLOUDNEETI SITE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE CLOUDNEETI SITE (INCLUDING THIRD PARTY MATERIALS) WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE.

 

Limitation of Liability

IN NO EVENT WILL CLOUDNEETI BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE CLOUDNEETI SITE OR ANY OTHER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE CLOUDNEETI SITE (INCLUDING THIRD PARTY MATERIALS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES OR ARE AWARE OF THE POSSIBILITY OF THESE DAMAGES. IF THIS LIMITATION OF LIABILITY OR THE EXCLUSION OF WARRANTY SET FORTH ABOVE IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, CLOUDNEETI’S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO $100.

 

Indemnification

You will defend, indemnify, and hold us harmless from and against any actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgements, settlements, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees, costs, penalties, interest, and disbursements) arising from or related to any conduct with respect to your use of the Cloudneeti Site or violation (or alleged violation) of these Terms.

 

Changes to the Cloudneeti Site

Cloudneeti reserves the right in our discretion to review, improve, change or discontinue, temporarily or permanently, the Cloudneeti Site and/or any features, information, materials or content on the Cloudneeti Site with or without providing notice to you. Cloudneeti will not be liable to you or any third party for any changes or discontinuance of the Cloudneeti Site or any part of the Cloudneeti Site.

 

Governing Law

These Terms will be governed by and construed and enforced in accordance with the laws of the State of Washington, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to this Agreement will be filed only in the state and federal courts located in Seattle, Washington, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.

 

General

Enforcement of these Terms is solely at Cloudneeti’s discretion. Failure to enforce any part of these Terms in some instances does not constitute a waiver of our right to enforce the same or other part of these Terms in other instances. If any provision of these Terms is or becomes unlawful, void or otherwise unenforceable (including the warranty disclaimers and liability limitations above), then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remaining provisions of these Terms will continue in full force and effect. As used in these Terms, “including” means “including (without limitation).” The section headings these Terms and are for reference purposes only and will not affect the meaning or interpretation of these Terms.