UM Technologies, LLC, its affiliates, members, representatives, successors, heirs and assigns (“UM Tech ” or “we”, “our” or “us”) operates cloudshadow.com website, doing business as Cloudshadow Consulting + Venture Resources. The website and all content, features, and materials thereon, shall hereinafter be collectively referred to as the “Website”.
By using the Website, you agree to be bound by this Agreement.
In order to participate in certain features of the Website or our services (e.g., if you engage our services and desire to use our software solutions or other services), you may be notified that you are required to agree to additional terms and conditions. Such additional terms are hereby incorporated into this Agreement by this reference, but such additional terms shall control solely for the applicable service.
We may modify this Agreement from time to time and such modification shall be effective immediately upon posting on the Website. You will be deemed to have agreed to any such modifications by your further use of the Website once such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes. If you do not agree with the modifications, please discontinue use of the Website immediately.
NATURE OF CONTENT / DISCLAIMER
The content of our Website is informational and promotional in nature and should be used solely to learn more about our services and offerings. Neither UM Tech nor any of its affiliates or subsidiaries, nor any of their respective affiliates, officers, directors, executives, employees, advisors, members, managers, or other personnel makes any representation or warranty, expressed or implied, as to the appropriateness, accuracy, performance or completeness of any of the information or materials contained on the Website. No statements, information or documents made or included on the Website shall be considered or relied upon as a promise or representation by us that we will provide any specific results or that any such information is accurate or complete or that any representation or warranty is provided. All representations and warranties about our services or offerings, if any, shall only be those set forth in any agreement you may sign should you engage our services.
OWNERSHIP OF CONTENT
All materials contained on the Website, including the software, graphics, text and look and feel of the Website, and all trademarks, copyrights, patents and other intellectual property rights related thereto (“Proprietary Materials”), are owned or controlled by us, our subsidiaries or affiliated companies, our partners and/or our third-party licensors. You may view and interact with the Proprietary Materials for your authorized informational purposes but must not modify, remove, delete, augment, add to, publish, transmit, reverse engineer, participate in the transfer or sale of, create derivative works from, or in any other way exploit any Proprietary Materials.
You, as a user, agree to use the Website only for proper, lawful and authorized purposes. Specific prohibited activities include, but are not limited to: criminal or tortious activity, copyright infringement, attempting to circumvent, disable or otherwise interfere with security-related features of the Website, using any software that intercepts, mines, or otherwise collects information about other users or copies and stores any Proprietary Materials (as defined above), using the Website for unintended or unauthorized purposes, and collecting, harvesting, soliciting or posting personally identifiable information from other users.
Any conduct by you in violation of the foregoing prohibitions may result in legal action and the suspension or termination of your access to the Website.
The Website may contain links or embed access to websites or apps operated by third parties. We do not monitor or control the external sites and make no representations regarding, and are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any of the content uploaded, displayed, or distributed, or products, or services available at these sites. If you choose to access any third-party site, you do so at your own risk. The presence of a link to a third party site does not constitute or imply our endorsement, sponsorship, or recommendation of the third party or of the content, products, or services contained on, or available through, the third party site and we will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of such products, services, or information, or for ensuring the confidentiality of credit card information you provide to them. Any disputes you may encounter with a third-party service provider shall be settled solely between you and the service provider.
LIMITATION OF LIABILITY
YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. ALL CONTENT APPEARING ON THE WEBSITE IS PROVIDED “AS IS, AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND WITH RESPECT TO ITS CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. THE COMPANY DOES NOT WARRANT THAT OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR FREE FROM ERRORS, THAT DEFECTS WILL BE CORRECTED OR THAT THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IN NO EVENT SHALL WE, OUR PARTNERS OR LICENSORS, OR ANY OTHER PARTY INVOLVED IN CREATING OR MAINTAINING THE WEBSITE OR ANY OF ITS CONTENT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, OR DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE WEBSITE. YOU ACKNOWLEDGE THAT YOUR SOLE REMEDY FOR ANY BREACH OF THESE TERMS SHALL BE TO CEASE USING THE WEBSITE.
Some jurisdictions do not allow the limitation or exclusion of certain warranties or conditions, so some of the above exclusions may not apply to you or may apply to a limited extent.
You are subject to all laws of the state(s) and countries in which you reside and from which you access the Website and are solely responsible for obeying those laws. You agree that we will not be held liable if laws applicable to you restrict or prohibit your participation. We make no representations or warranties, implicit or explicit, as to your legal right to participate in any Website nor shall any person affiliated or claiming affiliation with the Website have authority to make any such representations or warranties.
You agree to indemnify and hold UM Technologies, LLC, our subsidiaries, partners and affiliates, and our respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, due to or arising out of (i) your use of the Website in violation of this Agreement, (ii) a breach of this Agreement including your representations and warranties set forth above and/or (iii) if your acts or omissions causes us to be liable to another party.
The provisions of this Agreement are intended to be severable. If for any reason any provision of this Agreement shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
Please contact us at firstname.lastname@example.org with any questions regarding this Agreement, including if you have any questions about material changes that may have been made to the terms of this Agreement.
Effective Date: November 13th, 2018