Last Updated: 2025-22-08

1. Introduction

PLEASE READ THE FOLLOWING WEBSITE TERMS OF USE CAREFULLY BEFORE USING ANY WEBSITE OR ONLINE RESOURCE THAT CLOUDBLUE OFFERS.

This Terms of Use (TOU) governs your access and use of CloudBlue’s websites and any related web pages, data, blogs, and any applications connecting thereto or accessible therein, (collectively, the “Sites”). The Sites are owned and operated by CloudBlue LLC (“CloudBlue”, “we”, “us”, “our”, and “ours”).

The TOU applies to all users of our Sites, including without limitation, users who are browsers, customers, merchants, vendors, and/or contributors of content (collectively “you”, “your” or “yours”). If you access and use our Sites, you accept and agree to be bound by and comply with the TOU and our Privacy Policy. If you do not agree to the TOU or our Privacy Policy, you are not authorized to access our Sites, use any of our Sites’ resources, or place an order on our Sites.

Any changes we make to these TOU will be effective immediately upon notice, which we may provide by any means including, without limitation, posting updated TOU on the Sites. Your continued use of the Sites after such notice will be deemed acceptance of such changes. You should check these TOU periodically to ensure you are referencing the most current version.

1.1. Translations

Any translations of these TOU are provided as a courtesy. Should there be any differences or discrepancies between the English TOU and any translations, the English TOU takes precedence.

2. Use of Our Sites

2.1. You agree to use our Sites for legitimate purposes and not for any illegal or unauthorized purpose, including without limitation, in violation of any intellectual property or privacy law. By agreeing to the TOU, you represent and warrant that you are at least 18 years of age and are otherwise recognized as being able to form legally binding contracts under applicable law.

2.2. You agree to not use our Sites to conduct any activity that would constitute a civil or criminal offence or violate any law. You agree not to attempt to interfere with our Sites’ network or security features or to gain unauthorized access to our systems.

2.3. You agree to provide us with accurate personal information, such as your email address, mailing address, and other contact details in order to complete your order, gain access to resources on the Sites (e.g., videos, white papers, etc.), or contact you as needed. All personal information we collect will be treated in accordance with our Privacy Policy.

3. General Conditions

3.1. We reserve the right to make any modifications to the Sites and their content, including terminating, changing, suspending, or discontinuing any aspect of the Sites and their content at any time, without notice.

3.2. We may change these TOU from time to time and at any time, without notice. Any changes will be effective as of the publication date (visible at the top of this page). It is your responsibility to review the TOU regularly. Your continued use of the Sites after the changes come into effect will be deemed as agreement to abide by the revised TOU.

3.3. You agree that we will not be liable to you or any third party for any modification, suspension, or discontinuance of our website or for any content, feature, service, or product offered through our Sites.

4. Links to Third-Party Websites

The Sites may contain content, information, and links to third-party providers (such as advertisers and affiliates) and their websites (“Third-Party Information”). You may be subject to additional and/or different terms, conditions, and privacy policies when using or accessing Third-Party Information. CloudBlue is not responsible for, disclaims all liability for, and makes no representations or warranties for Third-Party Information. Although we do not have an obligation to do so, we reserve the right to pre-screen Third-Party Information.

5. Your Comments

5.1. You may submit comments, suggestions, and feedback (“Comments”) to CloudBlue through the contact information provided on the Sites. You agree with respect to any Comments you provide, that: (i) we have no obligation concerning such Comments; (ii) such Comments are non-confidential; (iii) we may use, disclose, distribute, or copy such Comments and may use any ideas, concepts, or know-how contained in such Comments for any purpose and without restriction or obligation to you and without payment of any royalties to you; and (iv) such Comments are truthful and do not violate the legal rights of others.

5.2. You further agree that your Comments will not be unlawful, abusive, or obscene nor will your Comments contain any malware or computer virus that could affect our Sites’ operations. You will be solely liable for any Comments that you make and their accuracy. We have no responsibility and assume no liability for any Comments posted by you or any third party.

6. Your Personal Information

Your personal information may be collected directly and indirectly through the Sites. Please see our Privacy Policy to learn about how we collect, use, and share your personal information.

7. Sites’ Accuracy

7.1. CloudBlue updates the information on the Sites periodically. However, CloudBlue cannot guarantee or accept any responsibility or liability for the accuracy, currency, or completeness of the information on the Sites.

7.2. Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on the Sites. Due to the ability to share certain content and materials, computer viruses or other destructive programs may also be inadvertently downloaded from the Sites.

8. Disclaimer

8.1. You assume all responsibility and risk with respect to your use of our Sites.

8.2. The Sites are provided for use on an “AS IS” and “AS AVAILABLE” basis. CloudBlue and its subsidiaries, affiliates, and agents and its officers, directors, employees, contractors, suppliers, agents, partners, and licensors expressly disclaim all warranties of any kind, whether express or implied, with regard to information accessed from or via our Sites. This includes, without limitation, all content and materials, and functions and services provided on our Sites. All of these are provided without warranty of any kind, including but not limited to warranties concerning the availability, accuracy, completeness, or usefulness of content or information, uninterrupted access, and any warranties of title, non-infringement, merchantability, or fitness for a particular purpose.

9. Limitation of Liability

9.1. You use our Sites at your sole risk and you assume full responsibility for any costs associated with your use of our Sites. We will not be liable for any damages of any kind related to the use of our Sites.

9.2. CloudBlue and its subsidiaries, affiliates, and agents and its officers, directors, employees, contractors, suppliers, agents, partners, and licensors will not be liable to you for any direct, indirect, special, incidental, consequential, exemplary, or punitive damages, losses or causes of action, or lost revenue, lost profits, lost business or sales, or any other type of damage, whether based in contract or tort (including negligence), strict liability or otherwise, arising from your use of, or the inability to use, or the performance of, our Sites or the content or material or functionality through our Sites, even if we are advised of the possibility of such damages.

9.3. In jurisdictions where the limitation or exclusion of liability or incidental or consequential damages is not allowed, the above limitations or exclusions may not apply to you. In such cases CloudBlue’s aggregate liability will be limited to the fullest extent permitted by applicable law. Any cause of action arising out of or related to the Sites must be commenced within one (1) year after the cause of action arises or any such action will be permanently barred.

10. Indemnification

You shall indemnify, defend, and hold CloudBlue and its subsidiaries, affiliates, and agents and its officers, directors, employees, contractors, suppliers, agents, partners, and licensors from any claim, costs, losses, damages, liabilities, judgments, and expenses (including reasonable attorneys fees), arising out of or in connection with any claim, action, or proceeding (collectively, “Claims”) arising out of or related to any act or omission by you in using the Sites including but not limited to your violation of the TOU found on the Sites, any agreement involving CloudBlue products or services, or infringement of any third-party proprietary rights by you.

11. Entire Agreement

These TOU set out the entire agreement between us relating to the subject matter herein and supersede any and all prior or contemporaneous written or oral agreements between us; however, you acknowledge and agree that your purchase, procurement, and/or use of any products or services from CloudBlue may be subject to additional terms and conditions as set forth in a separate agreement between you and CloudBlue and that these TOU are in addition to any terms and conditions therein.

12. Waiver

No waiver of any part of this Agreement will be deemed to be a waiver of any other provision. No term of this Agreement will be deemed to be waived by reason of any previous failure to enforce it. No term of this Agreement may be waived except in a writing signed by the party waiving enforcement.

13. Interpretation

The headings used in the TOU are for convenience of reference only. No provision of the TOU will be interpreted against any party merely because that party or its legal representative drafted the provision. All remedies are cumulative. Throughout the TOU, the term “including” or the phrases “e.g.,” or “for example” have been used to mean “including, without limitation”.

14. Severability

Should any provision of this Agreement be held to be invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the extent permissible, and all other provisions will remain in effect and are enforceable by the parties.

15. Governing Law

Unless otherwise noted in any applicable agreement, these TOU, and all issues related to the subject matter thereof, will be governed by and construed in accordance with the laws of the State of New York without regard to any conflicts of law provisions.

16. How to Contact Us

CloudBlue will provide you with phone support at no additional charge for technical questions and issues relating to your use of the Sites. You may contact our support services by dialing 1-855-920-2583. You can reach us 24 hours a day, 7 days per week.

You can also email email us at together@cloudblue.com

Our mailing address is:

CloudBlue LLC

2430 Military Road #1013

Niagara Falls, NY 14304