Terms of Service
Agreement to Terms of Use
Options Cafe is a Cloudmanic Labs, LLC Company
These Terms and Conditions of Use (the Terms of Use) apply to the Cloudmanic Labs, LLC web site located at cloudmanic.com, and all
associated sites which may now or in the future be linked to cloudmanic.com by Cloudmanic Labs, LLC, Corp. (Cloudmanic Labs, LLC), its
subsidiaries and affiliates, including Cloudmanic Labs, LLC sites around the world, if any (collectively, the Site). The Site is the
property of Cloudmanic Labs, LLC and its licensors. BY USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE; IF YOU DO NOT AGREE, YOU
DO NOT HAVE PERMISSION TO USE THE SITE.
Cloudmanic Labs, LLC reserves the right, in its sole discretion, to change, modify, add or
remove portions of these Terms of Use at any time without notice. It is your responsibility to check these Terms of Use periodically for
changes. Your continued use of the Site following the posting of changes will mean you accept and agree to the changes. As long as you
comply with these Terms of Use, Cloudmanic Labs, LLC grants you a personal, nonexclusive, nontransferable, limited privilege to enter and
use the Site. In the case of any violation of these Terms of Use, Cloudmanic Labs, LLC reserves the right to seek all remedies available by
law and in equity for such violations.
Content
All text, graphics, user interfaces, visual
interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, Content), including but not limited to
the design, structure, selection, coordination, expression, look and feel and arrangement of such Content, contained on the Site is owned,
controlled or licensed by or to Cloudmanic Labs, LLC and is protected by trade dress, copyright, patent and trademark laws, and various
other intellectual property rights and unfair competition laws.
You may view, download, print and retain a copy of pages from the
Site provided that (1) your use of such information from the Site is for your informational, personal and non-commercial use only, (2) you
will not copy, transfer or transmit such information to another person or entity, post it on any network computer or broadcast it in any
media, (3) any copy of this information that you make shall retain all legal notices, copyright and other proprietary notices contained
therein, (4) you make no modifications of such information and (5) you make no additional representations or warranties relating to such
documents.
Except as expressly provided in these Terms of Use, you may not use, download, upload, copy, print, display, perform,
reproduce, republish, license, post, transmit or distribute any information from the Site in whole or in part without Cloudmanic Labs, LLC s
prior written permission. All rights not expressly granted herein are reserved.
Intellectual Property Ownership
Cloudmanic
Labs, LLC (and its licensors, where applicable) solely owns any and all rights, title and interest, including any and all related
intellectual property rights, in and to the Service, the Site and related Content, and any suggestions, ideas, enhancements, requests,
feedback, recommendations or other comments or information relating to the Service, the Site and/or the Content provided by you or any other
party. These Terms of Use do not represent a sale and do not convey to you any rights of ownership in or related to the Service, the Site,
the Content or any intellectual property owned by Cloudmanic Labs, LLC .
Your Use of the Site
You
will not use any deep-link, page-scrape, robot, spider or other automatic device, program, algorithm or methodology, or any similar or
equivalent manual process to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent
the navigational structure or presentation of the Site or any Content to obtain or attempt to obtain any materials, documents or information
through any means not purposely made available through the Site. Cloudmanic Labs, LLC reserves the right to bar any such activity.
You
may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site,
or to any Cloudmanic Labs, LLC server, or to any of the services offered on or through the Site, by hacking, password mining or any other
illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the
security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace
any information on any other user of or visitor to the Site, or any other customer of Cloudmanic Labs, LLC, to its source, or exploit the
Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any
information, including but not limited to personal identification or information, other than your own information, as provided for by the
Site.
You agree you will not take any action that imposes an unreasonable or disproportionately large load on the Sites infrastructure
or Cloudmanic Labs, LLC s systems or networks, or any systems or networks connected to the Site or to Cloudmanic Labs, LLC.
You agree
not to use any device, software or routine to interfere or attempt to interfere with the Sites proper working or any transaction being
conducted on the Site, or with any other persons use of the Site.
You may not forge headers or otherwise manipulate identifiers
in order to disguise the origin of any message or transmittal you send to Cloudmanic Labs, LLC on or through the Site or any service offered
on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or
entity.
You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to
solicit the performance of any illegal activity or other activity which infringes the rights of Cloudmanic Labs, LLC or others.
Privacy
Cloudmanic Labs, LLC s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by
reference. To view Cloudmanic Labs, LLCs Privacy Policy, click here. Additionally, by using the Site, you acknowledge and agree that
internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be
read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is
encrypted.
Links to Other Sites
The Site may contain links to other independent third-party web sites
(Linked Sites). Such Linked Sites are provided solely as a convenience to our visitors, and Cloudmanic Labs, LLC may discontinue such
convenience at any time. Such Linked Sites are not under Cloudmanic Labs, LLC s control, and Cloudmanic Labs, LLC is not responsible for and
does not endorse any Linked Site, including any information, content or materials contained on such Linked Sites. Cloudmanic Labs, LLC does
not endorse companies, products or services contained in Linked Sites. You need to make your own independent judgment regarding your
interaction with these Linked Sites, and if you decide to access any Linked Sites, you do this entirely at your own risk.
Violation of These Terms of Use
Cloudmanic Labs, LLC may disclose any information we have about you, including your identity, if we determine that such disclosure is
necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action
against someone who may be causing injury to or interference with (either intentionally or unintentionally) Cloudmanic Labs, LLC s rights or
property, or the rights or property of visitors to or users of the Site, including Cloudmanic Labs, LLC s customers. Cloudmanic Labs, LLC
reserves the right at all times to disclose any information that Cloudmanic Labs, LLC deems necessary to comply with any applicable law,
regulation, legal process or governmental request. Cloudmanic Labs, LLC also may disclose your information when Cloudmanic Labs, LLC
determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations
for fraud protection purposes.
You acknowledge and agree that Cloudmanic Labs, LLC may preserve any transmittal or communication
by you with Cloudmanic Labs, LLC through the Site or any service offered on or through the Site, and may also disclose such data if required
to do so by law or in the event Cloudmanic Labs, LLC determines that such preservation or disclosure is reasonably necessary to (1) comply
with legal process; (2) enforce these Terms of Use; (3) respond to claims that any such data violates the rights of others; or (4) protect
the rights, property or personal safety of Cloudmanic Labs, LLC , its employees, users of or visitors to the Site, and the public.
You
agree that Cloudmanic Labs, LLC, in its sole discretion and without prior notice, may terminate your access to the Site, for any reason,
including but not limited to (1) requests for termination by law enforcement or other government agencies; (2) a request for termination by
you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the
Site; or (4) unexpected technical issues or problems.
If Cloudmanic Labs, LLC does take legal action against you as a result of
your violation of these Terms of Use, Cloudmanic Labs, LLC will be entitled to recover from you, and you agree to pay, all reasonable
attorneys fees and costs of such action, in addition to any other relief granted to Cloudmanic Labs, LLC. You agree that Cloudmanic Labs,
LLC will not be liable to you or to any third party for termination of your access to the Site.
Limitation of Liability
Except where prohibited by law, in no event will Cloudmanic Labs, LLC, its licensors, its suppliers or any third parties
mentioned on the Site be liable to you for any damages (including without limitation, indirect, consequential, exemplary, incidental or
punitive damages), including lost profits, even if Cloudmanic Labs, LLC, its licensors, its suppliers or any third party has been advised of
the possibility of such damages.
If, notwithstanding the other provisions of these Terms of Use, Cloudmanic Labs, LLC is found to
be liable to you for any damage or loss which arises out of or is in any way connected with your use of or inability to use the Site or any
Content, whether based on warranty, contract, tort or any other legal theory, Cloudmanic Labs, LLC, its licensors, its suppliers or any
third parties mentioned on the Site shall be liable only to the extent of actual damages incurred by you, and in any case not to exceed U.S.
$100.00. Any claims arising in connection with your use of the Site or Content must be brought within one year from the date of the event
giving rise to such action. Remedies under these Terms of Use are exclusive and are limited to those expressly provided for in these Terms
of Use.
Payment, Refunds, Upgrading and Downgrading Terms
- All paid plans must enter a valid credit card. Free accounts are not required to provide a credit card number.
- An upgrade from the free plan to any paying plan will immediately bill you.
- The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
- For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
- Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Cloudmanic Labs, LLC does not accept any liability for such loss.
Disclaimer
Every effort has been made to ensure the accuracy of the information presented. However, Cloudmanic
Labs, LLC assumes no responsibility for and does not guarantee the accuracy of the information.
ALL CONTENT MATERIALS, INFORMATION AND
SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE." Cloudmanic Labs, LLC DISCLAIMS ALL WARRANTIES OF
ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
OR NONINFRINGEMENT. Cloudmanic Labs, LLC DOES NOT WARRANT THAT THE CONTENT OF THE SITE IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL
BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION OR THAT THE SITES AVAILABILITY WILL BE UNINTERRUPTED; THAT ANY DEFECTS OR ERRORS WILL BE
CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU USE THE SITE SOLELY AT YOUR RISK.
Indemnity
You agree to indemnify and hold harmless Cloudmanic Labs, LLC, its officers, directors, shareholders, predecessors, successors
in interest, employees, agents, subsidiaries and affiliates from any demands, loss, liability, claims or expenses (including attorneys fees)
made against Cloudmanic Labs, LLC by any third party due to or arising out of or in connection with your use of the Site.
Governing Law; Dispute Resolution
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws
of the United States and by the laws of the State of Oregon without regard to its conflicts of laws provisions. You agree to the personal
jurisdiction by and venue in the state and federal courts in PORTLAND, OREGON USA and waive any objection to such jurisdiction or venue. Any
claim under these Terms of Use must be brought within one year after the cause of action arises, or such claim or cause of action is barred.
No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to
costs and attorneys fees. In the event of any controversy or dispute between Cloudmanic Labs, LLC and you arising out of or in connection
with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve
any such dispute within a reasonable time (not to exceed 60 days), then either party may submit such controversy or dispute to mediation. If
the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under
applicable law.
Void Where Prohibited
Cloudmanic Labs, LLC administers and operates the
cloudmanic.com site from its location in PORTLAND, OREGON USA, USA. Other Cloudmanic Labs, LLC sites existing now or in the future may be
administered and operated from various locations outside the United States. Although the Site is accessible worldwide, not all features,
products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic
locations, or appropriate or available for use outside the United States. Cloudmanic Labs, LLC reserves the right to limit, in its sole
discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature,
product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on
your own initiative and you are solely responsible for complying with applicable local laws.
Miscellaneous
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered
on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
If
any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable,
such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the
intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire
agreement between you and Cloudmanic Labs, LLC with regard to your use of the Site, and any and all other written or oral agreements or
understandings previously existing between you and Cloudmanic Labs, LLC with respect to such are hereby superseded and cancelled. Cloudmanic
Labs, LLC will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Cloudmanic Labs,
LLCs failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Cloudmanic Labs, LLC or
any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Cloudmanic Labs, LLC or you or any
other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any
rights or remedies on any third parties.
The Site may provide access to or information about Cloudmanic Labs, LLC international
data and, therefore, may contain reference or cross references to Cloudmanic Labs, LLC products, programs and services that are not
announced in your country. Such reference does not imply that Cloudmanic Labs, LLC intends to announce such products, programs or services
in your country.
Feedback and Information
Any general feedback you provide at the Site, for example
through Contact Us, shall be deemed to be non-confidential. Cloudmanic Labs, LLC shall be free to use such information on an unrestricted
basis.
INFORMATION CONTAINED IN THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE.
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