Terms and Conditions
Effective Date: 1st June 2020
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. The terms "you" and "your" as used herein refer to all individuals and/or entities accessing this Site for any reason.
KloudLearn, Inc. ("KloudLearn") may revise these terms and conditions at any time by updating these Terms as they are displayed on this Site. We are not required to contact you prior to making any change to these Terms; therefore, we encourage you to visit this page frequently so you are aware of any changes.
Use of KloudLearn and the Site Contents
KloudLearn authorizes you to view and access the Site solely for your personal, non-commercial use. You shall not copy or adapt the underlying HTML code that with respect to any portion of the Site or the content appearing therein. The contents of this Site, including all text, images, graphics, logos, video, audio, links, button icons, software and other content (collectively, "Site Content"), are protected under both United States and international copyright, trademark, patent, trade secret and other intellectual property laws. All Site Content is the sole and exclusive property of KloudLearn, its content suppliers or clients. The compilation (meaning the selection, collection, arrangement and assembly) of all content on this Site is the exclusive property of KloudLearn and is also protected by applicable intellectual property laws. Unauthorized copying or use of the Site Content (including its use on any other website) may violate intellectual property rights and/or other laws. You may not use, reproduce, modify, transmit, display, publish, sell, create derivative works, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Site Content. You are prohibited from using the Site in violation of any applicable foreign, domestic, federal or state laws, rules or regulations or in a manner that will infringe KloudLearn's or any third party's intellectual property rights or otherwise violate the privacy, publicity or other personal rights of others. The use of defamatory, threatening, hateful, obscene, or abusive language, images or postings on the KloudLearn Sites are strictly prohibited.
KloudLearn may be used only for lawful purposes by individuals seeking to use the KloudLearn service ("Service"), as described on this Site. KloudLearn specifically prohibits any other use of the Site. By using the Site you agree not to take any of the following actions: (a) using any device, software or routine to interfere or attempt to interfere with the proper working of any KloudLearn Site or any activity being conducted on the Site; (b) Use or attempt to use any engine, software, tool, agent or other device or mechanism (including, without limitation, customized browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and software available from KloudLearn on the Site and other than generally available third party web browsers such as Microsoft Explorer is strictly prohibited; (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Site; (d) taking any action which imposes an unreasonable or disproportionately large load on the Site's infrastructure, including, without limitation, denial of service attacks; and (e) aggregating, copying or duplicating in any manner any of the Site Content or information available from the Site.
Posting and Conduct Restrictions
When you create your own personalized account, you may be able to provide User content ("User Content"). You are solely responsible for the User Content that you post, upload, link to or otherwise make available on the Site. You agree that KloudLearn is only acting as a passive conduit for your online distribution and publication of your User Content. KloudLearn reserves the right to remove or alter any User Content from the Site at its sole discretion. The following rules pertain to User Content. By transmitting and submitting any User Content while using the Site, you agree that you: (i) are solely responsible for your account and the activity that occurs while signed in to or while using your account; (ii) will not post information that is malicious, false or inaccurate; (iii) will not submit content that is subject to third party proprietary rights, including privacy, publicity, trade secret, copyright, or trademark, unless you are the owner of such rights or have the appropriate permission from its rightful owner. KloudLearn does not, and cannot, pre-screen or monitor all User Content. However, at its discretion, KloudLearn may monitor and/or record your interactions with the Site.
Digital Millennium Copyright Act
KloudLearn takes claims of copyright infringement seriously. If you believe any materials on the Site infringe your copyright, please inform KloudLearn by sending written notice by U.S. Mail to KloudLearn at 1730 Brandywood Way, El Dorado Hills, California 95762 or by email to [email protected] In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), your written notice must include substantially the following:
A reasonably detailed description of the copyrighted work(s) or other intellectual property(s) you claim has/have been infringed, or if the claim involves multiple words, a representative list of such works;
Identification of the specific material you believe infringes upon our rights and sufficient information to enable KloudLearn to locate the specific material. The DMCA only authorizes KloudLearn to remove or disable access to specific infringing materials. We are not authorized to generally disable access to non-infringing materials;
The following statements or equivalent:
"I swear, under penalty of perjury, that the information contained in this notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
I have a good faith belief that use of the copyrighted materials described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law."
Your company name (if any), your legal name (printed), mailing address, and phone number, and, if available, an email address; and
A physical or electronic signature of a person authorized to act on behalf of the owner of the right that is allegedly violated or infringed, and the present date.
If you fail to comply with all of the requirements of § 512(c)(3) of the DMCA, your notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity that is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under § 512(f) of the DMCA.
Upon KloudLearn's receipt of a valid, complete takedown notice, KloudLearn shall (i) remove or disable access to the specific allegedly infringing material identified in the notice, and (ii) take reasonable steps to contact the author(s) or other sources of the material.
If KloudLearn removes or disables access to material as a result of a takedown notice, the person or entity supplying such material may instruct KloudLearn to restore such material by providing a counter-notification to KloudLearn. Upon receipt of a counter-notification, KloudLearn shall send a copy of the counter-notification to the original complaining party and inform such party that KloudLearn shall replace or restore access to the material within no less than 10 but no more than 14 days unless KloudLearn receives official notice from the complaining party that it has filed an action seeking a court order.
When you register for the Site, you will be asked to provide KloudLearn with certain information including, without limitation, a valid email address. Additionally, if you elect to use the Service, you will be required to open an account. You must complete the registration process by providing KloudLearn with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. If you register with KloudLearn using an enterprise account and later leave that enterprise, you may retrieve your account by emailing [email protected] You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify KloudLearn immediately of any unauthorized use of your account or any other breach of security. KloudLearn will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by KloudLearn or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder. You are responsible for maintaining the confidentiality of your password and login. KloudLearn reserves the right, in its sole discretion, to terminate your access to the Site with or without notice.
Children Under the Age of 13
The safety and privacy of children is very important to us. We are committed to comply with the requirements of all federal and state law, including the Children's Online Privacy Protection Act of 1998 ("COPPA"). For more information about COPPA, please visit the Federal Trade Commission's website at COPPA Website.
This Site is not intended for children under the age of 13. KloudLearn will not knowingly register or otherwise collect personally identifiable information from persons who identify themselves as being under the age of 13 during the registration process.
Termination and Account Cancellation
KloudLearn reserves the right to revoke your access to and use of the Site at any time, with or without cause. If you breach any of these Terms, KloudLearn will have the right to suspend or disable your account, at its sole discretion and without prior notice to you. You may cancel your Account at any time by accessing the Personal section of your Profile Settings. Once you are in your Profile Settings, you select "Delete Profile" and select "yes" to confirm that you would like to delete your account. If you are connected to an enterprise account, you cannot delete your individual account.
YOUR USE OF THE SITE, THE SITE CONTENT, AND ANY USE OF THE SERVICE OR ITEMS OBTAINED THROUGH THE SITE ARE AT YOUR OWN RISK. THE SITE, THE SITE CONTENT, AND ANY USE OF THE SERVICE OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, KLOUDLEARN EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. KLOUDLEARN MAKES NO WARRANTY THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. KLOUDLEARN MAKES NO WARRANTY REGARDING THE QUALITY OF ANY SERVICE OR SITE CONTENT OBTAINED THROUGH THE SITE OR SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY SITE CONTENT OBTAINED THROUGH THE SITE OR THE SERVICE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM KLOUDLEARN OR THROUGH THE SITE OR SITE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR THE SERVICES. YOU UNDERSTAND THAT KLOUDLEARN DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SITE, NOR DOES KLOUDLEARN MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE OR THE SERVICE. KLOUDLEARN MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR THE SERVICE OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
You agree to defend, indemnify, and hold KloudLearn, its officers, directors, employees, licensors, service providers and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site or your violation of these Terms including, without limitation, any use of the Site Content, the Service or your use of any information obtained from the Site.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, THE SERVICE AND SITE CONTENT REMAINS WITH YOU. NEITHER KLOUDLEARN NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR THE SERVICE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE, SITE CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, OR THE SERVICE OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT KLOUDLEARN HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL KLOUDLEARN’ AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE OR SITE CONTENT EXCEED ONE HUNDRED DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN KLOUDLEARN AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of KloudLearn used herein are trademarks or registered trademarks of KloudLearn. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
These Terms are personal to you and your use of the Site and may not be transferred or assigned to anyone. KloudLearn may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by KloudLearn (i) via email (in each case to the address that you provide) or (ii) by posting to the Site. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
Links to Other Websites
The failure of KloudLearn to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of KloudLearn. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
If you have any questions about these Terms or any questions, complaints or claims, please contact us at:
1730 Brandywood Way
El Dorado Hills, CA 95762