Terms of Use

Last updated: 15 February 2018

Cloud Coach International, Ltd. (“Cloud Coach”) operates each website (“Site”) that links to these Terms of Use (“Terms”) to provide online access to information about Cloud Coach and the products, services, and opportunities we provide.

By accessing and using the Site, you agree to these Terms(this “Agreement”).

Cloud Coach reserves the right to modify these Terms without giving you prior notice. Your use of the Site following any such modification constitutes your agreement to follow and be bound by these Terms as modified. The last date these Terms were revised is set forth above.

1. Permitted Use of the Site

You may use the Site and the information, writings, images, and/or other works that you see, hear or otherwise experience on the Site (singly or collectively, the “Content”) solely for your noncommercial, personal purposes, and/or to learn about Cloud Coach products and services, and solely in compliance with these Terms.

2. Prohibited Use of The Site

By accessing the Site, you agree that you will not:

3. Copyrights and Trademarks

The Site is protected by applicable intellectual property and other laws, including trademark and copyright laws. The Site, including all intellectual property rights in the Site, belongs to and is the property of Cloud Coach or its licensors (if any). Cloud Coach owns and retains all copyrights in the Content. Except as specifically permitted on the Site as to certain Content, the Content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivative works based on the Content or the Site, in whole or in part, by any means. Cloud Coach, the Cloud Coach logos, and other marks used by Cloud Coach from time to time are trademarks and the property of Cloud Coach. The appearance, layout, color scheme, and design of the CloudCoach.com site are protected trade dress. Customer does not receive any right or license to use the foregoing. Cloud Coach may use and incorporate into the Site or the Cloud Coach service any suggestions or other feedback you provide, without payment or condition.

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement on the Site or the Service should be sent to heather.suchowski@cloudcoach.com. See the claims of Copyright Infringement instructions below.

4. Information and Materials You Post or Provide

You represent that you have all right, title, and interest to materials you post on the Site or provide to Cloud Coach (“Materials”), including but not limited to any consent, authorization, release, clearance, or license from any third party (such as, but not limited to, any release related to rights of privacy or publicity) necessary for you to provide, post, upload, input or submit the Materials, and that posting such Materials does not violate or constitute the infringement of any patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral rights, or other intellectual property right recognized by any applicable jurisdiction or of any person or entity or otherwise constitute the breach of any agreement with any other person or entity. You further represent and warrant that you are who you say you are, that you have not submitted fictitious, false, or inaccurate information about yourself, and that all information contained in the posted Materials is true and your own work or work you are authorized to submit, and that the posted Materials do not contain any threatening, harassing, libelous, false, defamatory, offensive, obscene, or pornographic material, or other material that would violate any other applicable law or regulation. You agree that you will not knowingly and with intent to defraud provide material and misleading information. You represent and warrant that the Materials you supply do not violate these Terms.

5. Links to Third-Party Websites

Links on the Site to third party websites or other information are provided solely as a service to you. If you use these links, you will leave the Site. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by Cloud Coach of the third party, the third-party website, or the information there. Cloud Coach is not responsible for the availability of any such websites. Cloud Coach is not responsible or liable for any such websites or the content thereon. If you use the links to these websites, you will leave the Site and will be subject to the terms of use and privacy policies applicable to those websites.

6. Downloading Files

Cloud Coach cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files, or programs. Cloud Coach does not provide any support for files downloaded from the Site.

7. Disclaimers; Limitations of Liability

CLOUD COACH MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY OR ACCURACY OF THE SITE OR THE CONTENT FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, PRODUCTS, SERVICE, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. CLOUD COACH HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO THE SITE AND THE CONTENT, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NO STATEMENT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM CLOUD COACH IN ANY MEANS OR FASHION SHALL CREATE ANY WARRANTY NOT EXPRESSLY AND EXPLICITLY SET FORTH IN THIS AGREEMENT. THE CONTENT MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CLOUD COACH BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR OTHER TYPE OF DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR COVER OR LOSS OF USE, DATA, REVENUE OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY CONTENT, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, THE FAILURE OF ANY LIMITED REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE, EVEN IF CLOUD COACH HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, CLOUD COACH IS DETERMINED TO HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM, OR DAMAGE AS A RESULT OF ITS ACTIONS UNDER THIS AGREEMENT, YOU AGREE THAT THE AGGREGATE LIABILITY OF CLOUD COACH AND ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS OR SUPPLIERS SHALL IN ALL CASES BE LIMITED TO ONE HUNDRED DOLLARS.

8. Indemnification

You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless Cloud Coach, its parent companies, subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents and any third-party information providers from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Site or the Content, or by any violation by you of these Terms.

9. Privacy

Your use of the site is subject to Cloud Coach’s Privacy Policy, available at http://cloudcoach.com/privacy-policy

10. Additional Terms

Prices and Tier Functionalities listed on the website are subject to change at any time. Please contact sales@cloudcoach.com for current details and pricing for your organization.

If you are a contracted customer (“Customer”) of Cloud Coach, or an employee, representative, or agent of a Cloud Coach Customer, your use of the Cloud Coach Service is subject to the Terms and Conditions of the executed Master Services and Subscription Agreement between Customer and Cloud Coach (“Customer MSA”). For clarity, any conflict between these Terms and a Customer MSA shall be resolved in favor of the Customer MSA.

11. Service Levels and Response Times for Cloud Coach Customers

Cloud Coach Customers receive basic support, which includes bug fixes replicable in a Clean Org only (with no custom configuration). Support related to anything not replicable in a Clean Org requires an additional fee. Unless otherwise agreed in an applicable Customer MSA, bug fixes are scored and fixed according to the following schedule:

Bug Scoring

Bug Scoring Matrix

# of Impacted Users Easy Workaround Difficult Workaround No Workaround
All Users Medium High High
Most Users Medium High High
Few Users Low Medium High
Admins Only Low Low Medium

 

Fix Timelines

 

Bug Score Response to Customer Targeted Fix Timeframe
High Phone Call & Email As soon as practically possible
Medium Email Typically Inside 2 Weeks
Low Email Future Major Release

11. General Provisions

a. Entire Agreement/No Waiver. These Terms constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by Cloud Coach of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

b. Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. Cloud Coach therefore reserves the right to correct any errors, inaccuracies, or omissions and to change or update the Content at any time without prior notice. Cloud Coach does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.

c. Enforcement / Choice of Law / Choice of Forum. If any part of these Terms is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of these Terms, all of which will remain in full force and effect. Any and all disputes relating to these Terms, Cloud Coach’s Privacy Policy, your use of the Site, any other Cloud Coach web site, or the Content are governed by, and will be interpreted in accordance with, the laws of the State of Colorado, without regard to any conflict of laws provisions. You agree to the sole and exclusive jurisdiction and venue of the federal or state courts in Denver, Colorado in the event of any dispute of any kind arising from or relating to these Terms, Cloud Coach’s Privacy Policy, your use of the site, any other Cloud Coach web site, or the Content.

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Claims of Copyright Infringement

CMCA Notices

Cloud Coach respects the intellectual property rights of others, and we ask our users to do the same.

If you believe your work has been copied in a way that constitutes infringement on Cloud Coach’s website, please provide the following information to Cloud Coach’s Copyright Agent.

Contact Cloud Coach

The Cloud Coach Copyright Agent for notice of claims of copyright infringement on or relating to this website (“Notifications”) can be reached either by sending an email to heather.suchowski@cloudcoach.com or by sending a letter via U.S. Mail to: Cloud Coach International, Ltd., C/O 2580 East Harmony Road, Suite 201, Fort Collins, CO 80528, Attn: Heather Suchowski, General Counsel.

Submission of Notification:

To be effective, the Notification must include the following:

a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (“Complaining Party”);

b. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Cloud Coach to locate the material;

d. Information reasonably sufficient to permit Cloud Coach to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;

e. A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

f. A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Receipt of Notification:

Upon receipt of the written Notification containing the information outlined in 1 through 6:

a. Cloud Coach may remove or disable access to the material that is alleged to be infringing;

b. Cloud Coach will forward the written notification to such alleged infringer (the “Alleged Infringer”);

c. Cloud Coach will take reasonable steps to promptly notify the Alleged Infringer that it has removed or disabled access to the Material.

Counter Notification:

An Alleged Infringer may submit a Counter Notification to contest the claim of alleged infringement. To be effective, a Counter Notification must be a written communication provided to Cloud Coach’s Copyright Agent that includes substantially the following:

a. A physical or electronic signature of the Alleged Infringer;

b. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

c. A statement under penalty of perjury that the Alleged Infringer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;

d. The Alleged Infringer’s name, address, and telephone number, and a statement that the Alleged Infringer consents to the jurisdiction of Federal District Court for the judicial district in which the Alleged Infringer’s address is located, or if the Alleged Infringer’s address is outside of the United States, for any judicial district in which Cloud Coach may be found, and that the Alleged Infringer will accept service of process from the person who provided notification or an agent of such person.

Receipt of Counter Notification:

Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above:

a. Cloud Coach will promptly provide the Complaining Party with a copy of the Counter Notification;

b. Cloud Coach will inform the Complaining Party that it will replace the removed material or cease disabling access to it within ten (10) business days;

c. Cloud Coach will replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter Notification, provided Cloud Coach’s Copyright Agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain Alleged Infringer from engaging in infringing activity relating to the material on Cloud Coach’s network or system.