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Disclaimer

 

 
This End-User Agreement sets forth the standards of use of the McCloud Services Customer Web Portal. By using the customer.mccloudservices.com website you (the “Member”) agree to these terms and conditions.
 
1.        Description of Service
McCloud Services is providing Member with username and password to access the member’s service information on the customer.mccloudservices.com website.
 
2.        Disclaimer of Warranties.
The site is provided by McCloud Services on an “as is” and on an “as available” basis. McCloud Services shall have no liability for any interruptions in the use of this Website. Member has sole responsibility to maintain security of username and password provided by McCloud Services.
 
3.        Limitation of Liability
McCloud Services shall not be liable for any damages whatsoever, and in particular, McCloud Services shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if McCloud Services has been advised of the possibility of such damages. Some jurisdictions do not allow for the limitations or exclusion of liability for incidental or consequential damages, therefore some of the above limitations may be inapplicable.
 
4.        Indemnification
Member agrees to indemnify and hold McCloud Services, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.
 
5.        Modifications and Interruption to Service
McCloud Services reserves the right to modify or discontinue the Service with or without notice to the Member. McCloud Services shall not be liable to Member or any third party should McCloud Services exercise its right to modify or discontinue the Service. Member acknowledges and accepts that McCloud Services does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
 
6.        Governing Jurisdiction of the Courts
Our website is operated and provided in the State of Illinois. As such, we are subject to the laws of the State of Illinois, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of Illinois. 
 
7.        Compliance with Laws.
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.