Terms & Conditions

Terms & Conditions

By using CloudData Services, Customer agree to these conditions. Please read them carefully.

We offer a wide range of CloudData Services, and sometimes additional terms may apply. When Customer use a CloudData Service, Customer also will be subject to the guidelines, terms and agreements applicable to that CloudData Service (“Service Terms”). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.

PRIVACY

Please review our Privacy Notice, which also governs Customer use of CloudData Services, to understand our practices.

ELECTRONIC COMMUNICATIONS

When Customer use any CloudData Technology Service, or send e-mails, text messages, and other communications from Customer desktop or mobile device to us, Customer are communicating with us electronically. Customer consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other CloudData Technology Services, such as our Message Center, and Customer can retain copies of these communications for Customer records. Customer agree that all agreements, notices, disclosures, and other communications that we provide to Customer electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included in or made available through any CloudData Technology Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of CloudData Technology or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any CloudData Technology Service is the exclusive property of CloudData Technology and protected by U.S. and international copyright laws.

TRADEMARKS

Graphics, logos, page headers, button icons, scripts, and service names included in or made available through any CloudData Technology Service are trademarks or trade dress of CloudData Technology in the U.S. and other countries. CloudData Technology’ trademarks and trade dress may not be used in connection with any product or service that is not CloudData Technology’, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits CloudData Technology. All other trademarks not owned by CloudData Technology that appear in any CloudData Technology Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by CloudData Technology.

LICENSE AND ACCESS

Subject to Customer compliance with these Conditions of Use and Customer payment of any applicable fees, CloudData Technology or its content providers grant Customer a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the CloudData Technology Services. This license does not include any resale or commercial use of any CloudData Technology Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any CloudData Technology Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to Customer in these Conditions of Use or any Service Terms are reserved and retained by CloudData Technology or its licensors, suppliers, publishers, rightsholders, or other content providers. No CloudData Technology Service, nor any part of any CloudData Technology Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of CloudData Technology. Customer may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, or form) of CloudData Technology without express written consent. Customer may not use any meta tags or any other “hidden text” utilizing CloudDataTechnology ’ name or trademarks without the express written consent of CloudData Technology. Customer may not misuse the CloudData Technology Services. Customer may use the CloudData Technology Services only as permitted by law. The licenses granted by CloudData Technology terminate if Customer do not comply with these Conditions of Use or any Service Terms.

CUSTOMER ACCOUNT

If Customer use any CloudData Technology Service, Customers are responsible for maintaining the confidentiality of Customer account and password and for restricting access to Customer computer, and Customer agree to accept responsibility for all activities that occur under Customer account or password. CloudData Technology does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If Customers are under 18, Customer may use the CloudData Technology Services only with involvement of a parent or guardian. CloudData Technology reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. Customer may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. CloudData Technology reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If Customer do post content or submit material, and unless we indicate otherwise, Customer grant CloudData Technology a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. Customer grant CloudData Technology and sublicensees the right to use the name that Customer submit in connection with such content, if they choose. Customer represent and warrant that Customer own or otherwise control all of the rights to the content that Customer post; that the content is accurate; that use of the content Customer supply does not violate this policy and will not cause injury to any person or entity; and that Customer will indemnify CloudData Technology for all claims resulting from content Customer supply. CloudData Technology has the right but not the obligation to monitor and edit or remove any activity or content. CloudData Technology takes no responsibility and assumes no liability for any content posted by Customer or any third party.

COPYRIGHT COMPLAINTS

CloudData Technology respects the intellectual property of others.

RETURNS & REFUNDS

CloudData Technology offers our customers a 30-day, no questions asked return/refund/exchange policy for merchandise purchased at clouddatatechnology.com.

If you are not completely satisfied with your purchase, simply call us at 1-(302) 300-1738 (or) email us at [email protected] within 30 days of the purchase date. If the customer is not satisfied, CloudData Technology offer 30-day money back guarantee.

PRODUCT DESCRIPTIONS

CloudData Technology attempts to be as accurate as possible. However, CloudData Technology does not warrant that product descriptions or other content of any CloudData Technology Service is accurate, complete, reliable, current, or error-free. If a product offered by CloudData Technology and/or its affiliates itself is not as described, Customer’s sole remedy is to return it in unused condition.

PRICING

With respect to items sold by CloudData Technology, we cannot confirm the price of an item until Customer order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by CloudData Technology is higher than our stated price, we will, at our discretion, either contact Customer for instructions before cancelling Customer order and notify Customer of such cancellation. Other merchants may follow different policies in the event of a mispriced item.

APP PERMISSIONS

When Customer use apps created by CloudDataTechnology , such as the CloudData Technology App, CloudData Technology Shopping App, Customer may grant certain permissions to us for Customer device. Most mobile devices provide Customer with information about these permissions.

CLOUDDATA TECHNOLOGY SOFTWARE TERMS

In addition to these Conditions of Use, the terms apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to Customer from time to time for Customer use in connection with CloudData Technology Services (the “CloudData Technology Software”).

OTHER BUSINESSES

Parties other than CloudData Technology provide services, or sell product lines through the CloudData Technology Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. CloudData Technology does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. Customer should carefully review their privacy statements and other conditions of use.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

The CloudData Technology Services and all information, content, materials, products (including software) and other services included on or otherwise made available to customer through the CloudData Technology services are provided by CloudData Technology on an “as is” and “as available” basis, unless otherwise specified in writing. CloudData Technology makes no representations or warranties of any kind, express or implied, as to the operation of the CloudData Technology services, or the information, content, materials, products (including software) or other services included on or otherwise made available to customer through the CloudData Technology services, unless otherwise specified in writing. Customer expressly agree that customer use of the CloudData Technology services is at customer sole risk.

To the full extent permissible by applicable law, CloudData Technology disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. CloudData Technology does not warrant that the CloudData Technology services, information, content, materials, products (including software) or other services included on or otherwise made available to customer through the CloudData Technology services, CloudData Technology’s servers or electronic communications sent from CloudData Technology are free of viruses or other harmful components. CloudData Technology will not be liable for any damages of any kind arising from the use of any CloudData Technology service, or from any information, content, materials, products (including software) or other services included on or otherwise made available to customer through any CloudData Technology service, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to customer, some or all of the above disclaimers, exclusions, or limitations may not apply to customer, and customer might have additional rights.

DISPUTES

Any dispute or claim relating in any way to Customer use of any CloudData Technology Service, or to any products or services sold or distributed by CloudData Technology or through CloudData Technology will be resolved by binding arbitration, rather than in court, except that Customer may assert claims in small claims court if Customer claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that Customer or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

APPLICABLE LAW

By using any CloudData Technology Service, Customer agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Washington, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between Customer and CloudData Technology.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies posted on this site. These policies also govern Customer use of CloudData Technology Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

OUR ADDRESS

CloudData Technology LLC

3616 Kirkwood Highway

Suite A #1369, Wilmington, DE

Additional CloudData Technology Software Terms

  1. Use of the CloudData Technology Software. Customer may use CloudData Technology Software solely for purposes of enabling Customer to use and enjoy the CloudData Technology Services as provided by CloudData Technology, and as permitted by the Conditions of Use, these Software Terms and any Service Terms. Customer may not incorporate any portion of the CloudData Technology Software into Customer own programs or compile any portion of it in combination with Customer own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the CloudData Technology Software or otherwise assign any rights to the CloudData Technology Software in whole or in part. Customer may not use the CloudData Technology Software for any illegal purpose. We may cease providing any CloudData Technology Software and we may terminate Customer right to use any CloudData Technology Software at any time. Customer rights to use the CloudData Technology Software will automatically terminate without notice from us if Customer fail to comply with any of these Software Terms, the Conditions of Use or any other Service Terms. Additional third party terms contained within or distributed with certain CloudData Technology Software that are specifically identified in related documentation may apply to that CloudData Technology Software (or software incorporated with the CloudData Technology Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in any CloudData Technology Service is the property of CloudData Technology or its software suppliers and protected by United States and international copyright laws.
  2. Use of Third Party Services. When Customer use the CloudData Technology Software, Customer may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Customer use of these third-party services may be subject to the separate policies, terms of use, and fees of these third parties.
  3. No Reverse Engineering. Customer may not, and Customer will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the CloudData Technology Software, whether in whole or in part, or create any derivative works from or of the CloudData Technology Software.
  4. Updates. In order to keep the CloudData Technology Software up-to-date, we may offer automatic or manual updates at any time and without notice to Customer.
  5. Export Regulations; Government End Users. Customer must comply with all export and re-export restrictions and regulations of the Department of Commerce and other United States agencies and authorities that may apply to the CloudData Technology Software. If Customer are a U.S. Government end user, we are licensing the CloudData Technology Software to Customer as a “Commercial Item” as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant Customer to the CloudData Technology Software are the same as the rights we grant to all others under these Conditions of Use