1. Acceptance of Agreement
In consideration of your use of the Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of your jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself if/when prompted by the Services’ registration forms (such information being the “Client Data”); and (b) maintain and promptly update the Client Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Vendor has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Vendor has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
2. Description of Services
The Site and affiliated web pages owned by Vendor provide users with information concerning Vendor’s products and services. Vendor provides products and services in the field of cloud computing, including without limitation software products and consulting services regarding elastic computing environments, and support for those using the products and services (“Services”).
3. Modifications to Services
Vendor reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Vendor will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
4. Products and Prices
Vendor reserves the right, in its sole discretion, to make any necessary updates, modifications and adjustments at any time to the product descriptions, warranties, and prices without prior notice.
Vendor endeavors to provide content on the Site and affiliated sites that is current and accurate. Errors and misprints may occur. Vendor reserves the right to reject, correct, cancel or terminate any order for goods or services for which the price was incorrectly displayed or where Vendor displayed erroneous or inaccurate information. Vendor reserves this right at any stage of ordering processing, including after an order has been submitted. Vendor is not obligated to sell products or services based on errors or misprints on our website.
6. Authorized use of Materials on Website
All information and material and content published or accessible through the Site is protected by copyright, trademark and other intellectual property and proprietary rights and laws. All such website content (“Content”) is copyright of Vendor except where indicated otherwise. All source code is owned by Vendor except where expressly indicated otherwise and may not be used or copied without permission. Some of the codes available on the Site are subject to the terms and conditions of an open-source license (“Open Source”). In addition to any terms of any open-source license, you acknowledge and agree that your use, modification or copying of any Open-Source code is entirely at your own risk. Vendor shall not be liable for any damages or costs associated with your use of Open-Source code. Certain names, words, titles, phrases, logos, icons, graphics, designs or other content on the Site are trade names or trademarks owned by Vendor or third parties and may not be used without permission. You may not modify, copy, distribute, transmit, display, perform, reproduce or use for commercial purposes any information or services obtained from the Site without proper authority from Vendor, except as expressly stated above.
7. Links to Third Parties
Any links to third-party websites from the Site are meant for convenience only. Vendor does not review or control these third-party websites and is not responsible for any third-party websites or the content of those sites. Inclusion of any linked website does not imply approval or endorsement of the linked website by us. Linking to any other site is at your own sole risk and Vendor will not be responsible or liable for any damages associated with linking.
Vendor and its employees, agents, affiliates, partners and suppliers provide all Content and Services available through the Vendor and its affiliates websites “as is,” without warranties, representations and conditions of any kind, whether express or implied. Vendor makes no representation, warranty or guarantee of the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of the site, the Services, or of any Content on the site. The website, the Content, and the Services are provided to you strictly on an “as is” basis. Except as specifically set forth in this agreement, all conditions, representations and warranties regarding the website, the Content, and the Services, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantable quality, merchantability, fitness for a particular use or purpose, or non-infringement of third-party rights, are disclaimed to the maximum extent permitted by applicable law by Vendor.
9. Limitation of Liability
Under no circumstances, including, but not limited to negligence, shall Vendor nor any of its partners, associates, employees, agents, successors, assigns, affiliates, or content or service providers be liable to you or any other site user or any third party for any damages of any kind, including without limitation loss of profits or other economic loss, or for any direct, indirect, exemplary, incidental, punitive, special or consequential damages, even if advised of the possibility of such damages, arising out of the posting or non-posting of documents and information, the design, functionality or use of the website, the reliance on any statement or advice from any other user of the website, or inability to gain access to or use the website or any part thereof or to any documents and information, or out of any breach of any warranty, express or implied.
11. Severability of Clauses
12. Entire Agreement
The Terms, and any application Additional Terms or other terms herein incorporated by reference, constitute the entire agreement between you and Vendor and govern your use of the Site, Content and the Services, superseding any prior agreement, whether oral or written. You shall be subject to additional terms and conditions that may apply when you use or purchase certain Vendor services, affiliate services, third-party content or third-party software.
The failure of Vendor to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
This Agreement is not transferable by you in any way and may not be assigned to any third party without our written consent. Vendor may transfer this agreement to a third party without notice to you.
15. No Third-Party Rights
No provision of this Agreement provides any person or entity not a party to this Agreement with any remedy, claim, liability, reimbursement, or cause of action or creates any other third-party beneficiary rights.
16. Forum Choice