Disclaimer of Warranties, Indemnity, and Limitation of Liability
Disclaimer of Warranties
YOUR USE OF THE LIBERCLOUD PLATFORM, AND ALL CONTENT, ARE AT YOUR SOLE RESPONSIBILITY AND RISK. THE LIBERCLOUD PLATFORM AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. LIBERCLOUD AND EACH USER EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT. NEITHER LIBERCLOUD NOR ANY USER MAKES ANY WARRANTY THAT LIBERCLOUD, OR AND CODE OR CONTENT WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
You agree to indemnify, defend, and hold harmless LiberCloud, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, from and against any claim, demand, loss, damage, cost, or liability (including reasonable attorneys' fees) arising out of or relating to:
- any Content you submit, post, transmit, or make available through LiberCloud;
- your use or misuse of LiberCloud;
- your connection to LiberCloud;
- your violation of these Terms; or
- your violation of any rights (including intellectual property rights) of a third party.
- Limitation of Liability
Any expressed or implied statement contained in the Terms that there can be future benefits for posting Content and growing your network by inviting other members is not a guarantee that such benefits will materialize. You therefore agree that LiberCloud shall not be liable for unrealized profits or revenue.
YOU AGREE THAT LIBERCLOUD SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF LIBERCLOUD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OR THE INABILITY TO USE THE LIBERCLOUD WEBSITE OR CONTENT, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OF DATA; AND STATEMENTS OR CONDUCT OF ANY THIRD PARTY (INCLUDING ANOTHER MEMBER) IN THE LIBERCLOUD WEBSITE OR CONTENT; OR FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS IN EXCESS OF THE TOTAL AMOUNTS PAID TO LIBERCLOUD BY YOU IN THE THREE MONTHS IMMEDIATELY PRECEDING THE INITIAL NOTICE OF ANY CLAIM.
Updates to Terms of Service
The Terms & Conditions may be updated or changed by LiberCloud from time to time upon LiberCloud's posting of the amended Terms on this page. If you do not agree to changes to the Terms, you must notify LiberCloud to terminate your account.
In addition to these Terms, you will comply with all policies applicable to LiberCloud Platform, which policies are incorporated in the Terms or posted separately on LiberCloud.
The failure of LiberCloud to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties agree that the court should try to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. Your LiberCloud account is non-transferable. You may not delegate your duties under the Terms or assign the Terms, in whole or in part.
Any unauthorized use of LiberCloud Platform and associated services and apps is a violation of the Terms and certain federal and state laws, may subject the unauthorized user and his or her agents to civil and criminal penalties.
Any dispute between the parties arising out of the Terms shall be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in San Francisco, CA. You hereby waive any right to a jury trial of any such dispute.
The Terms shall be governed by the laws of the State of California without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction.
LiberCloud reserves the right at any time (and from time to time) to modify, suspend, or discontinue LiberCloud or any part thereof with or without notice. LiberCloud will not be liable to you or to any third party for any modification, suspension or discontinuance of LiberCloud. The provisions under all of the Terms and Policies will survive termination of these Terms for any reason.
Last updated: August 2016