Last updated: 30 September 2020
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:
· Use the Site in violation of these Terms;
· Copy, modify, create a derivative work from, reverse engineer, or reverse assemble the Site, or otherwise attempt to discover any source code, or allow any third party to do so;
· Sell, assign, sublicense, distribute, commercially exploit, grant a security interest in, or otherwise transfer any right in, or make available to a third party, the Content or Service in any way;
· Use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Site in a manner that sends more request messages to the Cloud Coach servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser;
· Use the Site in any manner that damages, disables, overburdens or impairs any Cloud Coach website or interferes with any other party’s use and enjoyment of the Site;
· Mirror or frame the Site or any part of it on any other web site or web page;
· Access the Site by any means other than through the interface that is provided by Cloud Coach for use in accessing the Site;
· Use the Site for any purpose or in any manner that is unlawful or prohibited by this Agreement.
· Any unauthorized use of any Content or the Site may violate patent, copyright, trademark, and other laws.
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 [email protected] 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
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.
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.
10. Additional Terms
Prices and Tier Functionalities listed on the website are subject to change at any time. Please contact [email protected] 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:
Cloud Coach commits to the following bug scoring/response schedule:
|# of Impacted Users /
Impact on Operations
|Admins Only||Limited Number
|New feature/Low adoption||Low||Low||Low|
|User-friendly work around||Low||Low||Medium|
|Difficult work around||Low||Medium||High|
|No work around but no Critical Operational Impact||Medium||High||High|
|Critical Operational Impact||Critical||Critical||Critical|
|Bug Score||Response Type to Customer
||Target Response Time
||Targeted Fix Timeframe|
|Critical||Phone Call & Email||2-4 hours||Typically within 48 hours|
||Phone Call & Email||Within 48 hours||Typically within 10 days|
||1 business day||Typically within 2 Weeks|
|Low||2 business days||As available|
11. General Provisions
Claims of Copyright Infringement
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 [email protected] 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:
Receipt of Notification:
Upon receipt of the written Notification containing the information outlined in 1 through 6:
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:
Receipt of Counter Notification:
Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above: