The Cloud Mail Store Inc.
25240 Lahser Road Suite 8
Southfield, Michigan 48033
United States
Phone:/ (855) 790-6891
Email: info@cloudmailstore.com
Effective Date: 04.05.2023
This web page represents a legal document and is the Terms and Conditions (Agreement) for our domain, www.cloudmailstore.com (Website). By using our Website, you agree to fully comply with and be bound by the following Agreement each time you use our Website. Please review the following terms carefully.
Definitions
The terms “us”, “we”, and “our” refer to The Cloud Mail Store Inc, the owner of this Website. A “Visitor” is someone who merely browses our Website. A “Customer” is someone who has registered with our Website to use our Services. The term “User” is a collective identifier that refers to either a Visitor or a Customer. The term “Service” refers to any service(s) we sell or give away.
All text, information, graphics, design, and data offered through our Website or Services, whether produced by our Customers or by us, are collectively known as our “Content”.
Acceptance of Agreement
This Agreement is between you and The Cloud Mail Store Inc..
THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING, AND/OR BROWSING OUR WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR WEBSITE IMMEDIATELY AND DO NOT USE, ACCESS, AND/OR BROWSE IT FURTHER.
Except as otherwise noted, this Agreement constitutes the entire and only Agreement between you and The Cloud Mail Store Inc. and supersedes all other Agreements, representations, warranties, and understandings with respect to our Website, Services, and the subject matter contained herein. However, for you to use our Website and/or Services, you may also be required to agree to additional terms and conditions. Those additional terms and conditions will be incorporated into this Agreement unless otherwise stated.
Privacy Notice
Our Privacy Notice is considered part of this Agreement and is available on this website. You must review our Privacy Notice by clicking on this link . If you do not accept and agree to be bound by all the terms of this Agreement, including the Privacy Notice at www.cloudmailstore.com, do not use this Website or our Services.
Compliance with Law
U.S. laws apply to your use of the Services. It is your obligation to confirm that your use of the Services complies with applicable laws
Force Majeure. Except for the obligation to pay monies due and owing, neither party shall be liable for any delay or failure in performance due to events outside the party’s reasonable control, including without limitation third party service failures, software failures, hardware failures, distributed denial of service (DDoS) attacks, acts of God, bandwidth interruptions, general network outages, earthquake, labor disputes, shortages of supplies, riots, war, fire, epidemics, or delays of common carriers. The obligations and rights of the excused party shall be extended on a day to day basis for the time period equal to the period of the excusable delay. The party affected by an excusable delay shall notify the other party as soon as possible, but in no event less than ten (10) days from the beginning of the event.
Choice of Law, Jurisdiction, and Venue. The validity, interpretation, and performance of these TOS, including our Policies, shall be controlled by and construed under the laws of the State of Michigan, United States of America, as if performed wholly within the state and without giving effect to the principles of conflicts of law.
Limited License
The Cloud Mail Store Inc. grants you a nonexclusive, nontransferable, revocable license to access and use our Website and Services strictly in accordance with this Agreement. Your use of our Website and Services is solely for internal, personal, non-commercial purposes unless otherwise provided for in this Agreement. No printout or electronic version of any part of our Website or Services may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
Legal Compliance
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website, Content, Services, and any software provided therein.
Our Relationship to You
This Agreement in no way creates any agency, partnership, joint venture, or employee-employer or franchisor-franchisee relationship between you and The Cloud Mail Store Inc.
Our Intellectual Property
Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies in the form of words, graphics, and logos. Your use of our Website or Services does not constitute any right or license for you to use our service marks or trademarks without the prior written permission of The Cloud Mail Store Inc.
Our Content, as found within our Website and Services, is protected under United States and foreign copyrights. The copying, redistribution, use, or publication by you of any such Content is strictly prohibited. Your use of our Website and Services does not grant you any ownership rights to our Content.
Eligibility and Registration for Customership
To use our Services, you must register with our Website to become a Customer. Your Customership is not transferable or assignable and is void where prohibited. Our Website and Services are intended solely for Users who are at least (18) years of age or older. Any registration by, use of, or access to our Website by anyone under that age is unauthorized, unlicensed, and in violation of these Terms and Conditions. By using our Website and/or Services, you represent and warrant that you are (18) years of age or older and agree to abide by all the terms and conditions of this Agreement. The Cloud Mail Store Inc. has sole right and discretion to determine whether to accept a Customer, and may reject a Customer’s registration with or without explanation.
When you complete the registration process, you will receive a password that will allow you to access our Services. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality as well as all activities that occur through the use of your password.
You agree to immediately notify us of any unauthorized use of your password or any other breach of security. You agree that our Website cannot and will not be liable for any loss or damage arising from your failure to comply with password security as discussed herein.
Errors, Corrections, and Changes
We do not represent or otherwise warrant that our Website will be error-free or free from viruses or other harmful components, or that we will correct any errors. We do not represent or otherwise warrant that the information available on or through our Website will be correct, accurate, timely, or otherwise reliable.
The Cloud Mail Store Inc. reserves the right at our sole discretion to change any content, software, and other items used or contained in our Website or Services at any time without notice.
Warranty
The Cloud Mail Store Inc. warrants that it will perform the Services in accordance with prevailing industry standards. To make a breach of warranty claim, you must notify The Cloud Mail Store Inc. in writing, specifying the breach in reasonable detail, within thirty (30) days of the alleged breach. Your sole and exclusive remedy, and The Cloud Mail Store Inc.’s sole and exclusive obligation, in the case of a breach of this warranty is, at The Cloud Mail Store Inc.’s option, to (i) reperform the Services, or (ii) issue you a credit based on the amount of time the Services were not in conformity with this warranty, subtracted (“pro-rated”) by the amount of time they were in conformance. SERVICES PROVIDED BY THIRD PARTIES ARE EXPRESSLY EXCLUDED FROM THIS WARRANTY.
Disclaimers
EXCEPT FOR THE WARRANTY ABOVE, THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE (EVEN IF THAT PURPOSE IS KNOWN TO THE CLOUD MAIL STORE INC.), OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. No oral or written information or advice given by The Cloud Mail Store Inc., its employees, agents, owners, directors, officers, or affiliates pursuant to these TOS, or otherwise, shall create a representation or warranty or in any way increase the scope of any representations and warranties set forth in these TOS. THE CLOUD MAIL STORE INC. DOES NOT REPRESENT OR WARRANT THAT THE SERVICES ARE COMPLETE OR FREE FROM DEFECTS OR ERRORS.
a. The Cloud Mail Store Inc. is not liable, and expressly disclaims any liability, for the content of any data transferred either to, or from, you or stored by you or any of your customers via the Services provided by us. The Cloud Mail Store Inc. is not responsible for any loss of data, for any reason. The Cloud Mail Store Inc. is not liable for unauthorized access to, or any corruption, erasure, theft, destruction, alteration or inadvertent disclosure of, data, information or content, transmitted, received, or stored on its network.
b. The Cloud Mail Store Inc. is not liable, and expressly disclaims any liability, for data breaches or data compromise caused by your failure to keep web applications including plugins up to date.
c. THE CLOUD MAIL STORE INC. SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES REGARDING SERVICES PROVIDED BY THIRD PARTIES, REGARDLESS OF WHETHER THOSE SERVICES APPEAR TO BE PROVIDED BY US. NO WARRANTIES, EITHER EXPRESS OR IMPLIED, MADE BY THESE THIRD PARTY ENTITIES TO THE CLOUD MAIL STORE INC. SHALL BE PASSED THROUGH TO YOU, NOR SHALL YOU CLAIM TO BE A THIRD PARTY BENEFICIARY OF THOSE WARRANTIES REGARDLESS OF WHETHER THOSE SERVICES APPEAR TO BE PROVIDED BY US.
Limitation of Liability
IN NO EVENT WILL THE CLOUD MAIL STORE INC. OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OUR WEBSITE, CONTENT, SERVICES, OR ANY RELATED SOFTWARE ACCESSED THROUGH OR DOWNLOADED FROM OUR WEBSITE OR SERVICES, EVEN IF THE CLOUD MAIL STORE INC. IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MAIL’S BEST FRIENDS LLC’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR WEBSITE AND/OR SERVICES ACCESSED DURING THE PREVIOUS MONTH OF YOUR CUSTOMERSHIP PRIOR TO THE EVENT GIVING RISE TO LIABILITY.
Unlawful Activity
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses, and traffic information
Linking to Our Website
You may provide links to our Website provided that (a) you do not remove or obscure any portion of our Website by framing or otherwise, (b) your website does not engage in illegal or pornographic activities, and (c) you cease providing links to our Website immediately upon our request.
Links to Other Websites
Our Website may from time to time contain links to third-party websites. Inclusion of links for any website on our Website does not mean that we endorse, guarantee, warrant, or recommend the services, information, content, and/or data of such third-party websites. The Cloud Mail Store Inc. has no control over the legal documents and privacy practices of third-party websites; you access any third-party websites at your own risk. We recommend that you review the privacy notice and terms and conditions of those websites to fully understand what information is collected and how it is used.
Payments
You represent and warrant that if you are purchasing something from us, (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your bank or credit card company, (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes, and (iv) if your initial payment method is dishonored, you will still pay the incurred charges, including any surcharge we may incur due to the dishonored payment.
Cancellation and Refund Policy
To the extent that you purchase any Product or Service directly from us, we may refund your purchase price within thirty (30) days of your notifying us in writing of your desire for the refund together with a reason for the request subject to the cancellation of the Product or Service. Any cancellation or refund may be subject to setup or cancellation fees as found on our Website.
Termination of Customership
Your Customership with us is effective until terminated by you or us. Your rights under these Terms and Conditions will terminate without our notice if you fail to comply with any term of these Terms and Conditions. Upon termination, you will stop representing yourself as a registered Customer or Client. You must delete or destroy any information or content (including all copies) obtained from our Website. Certain provisions of this Agreement, including, but not limited to, copyrights, indemnity, trademarks, limitation of liability, warranty, and jurisdictional issues will survive the termination of this Agreement.
Indemnification
You agree to indemnify, defend, and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third-party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates free from any liability, loss, claim, and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of our Website or Services.
Severability and Survival
Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement will take precedence. Our failure to enforce any provision of this Agreement will not be deemed a waiver of such a provision, nor of the right to enforce such a provision. Our rights under this Agreement will survive any termination of this Agreement.
Changes to Our Terms and Conditions
We reserve the right to change these Terms and Conditions at any time by giving you advance notice of the changes by email or in writing. We will also post these changes on our website. These changes will become effective 30 days after receipt of the notice. To avoid doubt, no unilateral amendment will retroactively change agreed dispute-resolution provisions of these Terms and Conditions, if any, including, for example, arbitration provisions for then-pending disputes unless the parties expressly agree otherwise. Your continued use of our Website, Services, and Products after any change to these Terms and Conditions and our notifying you will constitute your acceptance of such change. If you do not agree with the changes to these Terms and Conditions, you can choose to discontinue the use of our Website, Services, and Products.
