The following terms and conditions govern the use of all Websites related to the online marketing, promotion, and client interactions of Cloudvine LLC through its multisite setup, which includes the websites:
The multisite, taken as a whole, is the “Website.” The Website is owned and operated by Cloudvine LLC (“Cloudvine,” “We,” “Us”).
Cloudvine LLC is a Virginia Limited Liability Company, and through our Website we intend to offer the following services; strategic online marketing, web development, and other related services.
Please read this Agreement carefully before accessing or using the Website.
By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this agreement.
If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services.
If these terms and conditions are considered an offer by Cloudvine, acceptance is expressly limited to these terms.
1. Visitor interactions with the Website.
The Website is primarily limited to a payment processing portal which connects to the visitor from the Website to stripe.com, a website by Stripe Inc. (“Stripe”) and subject to its own terms and policies, solely for payment processing.
Upon visiting the website, We will use Google Analytics, a web analytics service offered by Google, Inc., for search engine optimization (“SEO”) and other marketing purposes, and some of your information may be tracked pursuant to Google Analytic’s terms and policies.
Any information collected by Google Analytics will not be stored by Us.
a. Fees in General.
Cloudvine accepts payments through the Website. Those payments are processed through a third-party gateway, Stripe.
You consent, by accessing, using the Website and clicking on the payment portal, to sharing the necessary information with Stripe or any other third-party gateway necessary to process payments through the Website.
Cloudvine only accepts payments online via Stripe and its associated and accepted payment methods, such as credit card, debit card, Apple Pay, etc.
b. Other Fees.
You agree to pay all other fees as listed on the Website or through the third party gateway, namely Stripe, should such fees exist on its website.
Any descriptions of fees through a third-party gateway shall be subject to the respective third-party’s terms and policies.
3. Responsibilities of Site Visitors and Potential Clients.
If you post material to the Website, communicate information to Cloudvine for the purpose of receiving advice, or otherwise make (or allow any third party to make) material available by means of your user account or your interactions with the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content.
That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software.
By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); and
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party.
By submitting Content to Cloudvine you grant Cloudvine a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content for the purpose of displaying, distributing and promoting the content on the Website.
If you delete Content, Cloudvine will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Cloudvine has the right (though not the obligation) to, in Cloudvine’s sole discretion (i) refuse or remove any content that, in Cloudvine’s reasonable opinion, violates any Cloudvine policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Cloudvine’s sole discretion.
Cloudvine will have no obligation to provide a refund of any amounts previously paid.
4. Intellectual Property
This Agreement does not transfer from Cloudvine to You any Cloudvine or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Cloudvine.
Cloudvine, PLLC, https://cloudvine.com, the Cloudvine logo, and all other trademarks, service marks, graphics and logos used in connection with Cloudvine, or the Website are trademarks or registered trademarks of Cloudvine or Cloudvine’s licensors.
Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties.
Your use of the Website grants you no right or license to reproduce or otherwise use any Cloudvine or third-party trademarks.
Should you be eligible to create an account on the Website, Cloudvine may terminate your account, including your access to all or any part of the Website, if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Cloudvine’s notice to you thereof.
Cloudvine may also terminate the Website immediately as part of the general shut down of our service.
If you wish to terminate this Agreement or your account(s) on any of our Website, you may simply discontinue using the Website.
All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
6. Limitation of Liability
In no event will Cloudvine, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Cloudvine under this agreement during the three (3) month period prior to the cause of action.
Cloudvine shall have no liability for any failure or delay due to matters beyond its reasonable control.
The foregoing shall not apply to the extent prohibited by applicable law.
7. General Representation and Warranty.
You agree to indemnify and hold harmless Cloudvine, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
Notice, including written notice, as contemplated by this Agreement, must be given in the following manner:
a. From You to Cloudvine.
You must provide notice to Cloudvine via the contact form available at https://cloudvine.com/contact. Attempts to contact Cloudvine through other means made available on the website will not constitute notice under this agreement.
b. From Cloudvine to You.
Cloudvine will provide notice to You via the email address provided with your notice to Cloudvine. If Cloudvine must provide notice to You but no email address is available, Cloudvine may provide notice through the Website.
This Agreement constitutes the entire agreement between Cloudvine and You concerning the subject matter hereof and may only be modified by a written amendment signed by an authorized executive of Cloudvine, or by the posting by Cloudvine of a revised version.
Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the Commonwealth of Virginia, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Henrico, Virginia.
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect.
A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Cloudvine may assign its rights under this Agreement without condition.
This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Members of Cloudvine LLC include those of which who are licensed to practice law within the Commonwealth of Virginia and within the United States federal courts.
However, Cloudvine will not provide any legal advice or legal services either through the Website or as part of its services, generally.
Any legal advice or services provided by a member of Cloudvine shall be provided by the member in their individual capacity or through the respective law firm in which the member is associated and shall be subject to the terms and conditions of a separate agreement.
Cloudvine does not represent or warrant it will provide any legal advice, services or information at any time for any visitor of the Website or client of Cloudvine, nor that Cloudvine is licensed to provide any of those in the Commonwealth of Virginia or world-wide.
11. Disclaimer of Warranties
THE WEBSITE IS PROVIDED “AS IS.” CLOUDVINE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CLOUDVINE IS ALSO NOT RESPONSIBLE FOR INFORMATION APPEARING ON THIRD-PARTY WEBSITE THAT CLOUDVINE LINKS TO. CLOUDVINE MAKES NO WARRANTY THAT THE WEBSITE WILL BE ERROR FREE OR THAT ACCESS THERETO WILL BE CONTINUOUS OR UNINTERRUPTED. YOU UNDERSTAND THAT YOU DOWNLOAD FROM, OR OTHERWISE OBTAIN CONTENT OR SERVICES THROUGH, THE WEBSITE AT YOUR OWN DISCRETION AND RISK.
12. Changes to Our Terms of Service
Cloudvine reserves the right, at its sole discretion, to modify or replace any part of this Agreement.
It is your responsibility to check this Agreement periodically for changes.
Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes.
Cloudvine may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources).
Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Terms of Service Changelog
October 8th, 2020 — Rewrote our Terms of Service for clarity and grammar. Moved the section titled “Changes to Our Terms of Service” from the middle of the document to the bottom for clarity.
October 2nd, 2020 — Added this Terms of Service to the website.