Version 1.1 - Last updated: May 7, 2016
The website, including any subdomains, and any replacement or successor website, or portions thereof (hereinafter referred to as the “Site”) is the property of IncubateLabs Inc. All content, including, without limitation, all text, including descriptions and feedback, graphics, photographs, trademarks, logos, sounds, music, artwork and the computer code comprising the same (collectively, “Content”), and the design and arrangement of such Content, on the Site is owned, controlled or licensed by or to CloudofGoods.com, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
If you post Content on the Site, you grant CloudofGoods.com a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable right to use, modify, perform and/or display, reproduce and distribute and any other copyright rights you have in such Content, in any media and any form. By posting Content on the Site, you represent and warrant to CloudofGoods.com that you have the right to grant CloudofGoods.com the rights above.
While using the Site and Services you will not:
You shall keep your password to your Member Account confidential. Your Member Account and your password are personal and cannot be shared, communicated or transferred to any other individual or entity, except as required by law. You recognize and accept to be solely responsible for use of your password and Member Account. You accept being held solely responsible for all consequences and obligations generated by use of your password and Member Account by a third party. You recognize and accept that CloudofGoods.com considers the usage of your Member Account, username or password as proof of the usage of the Site by you and any actions made by a Member Account, including but not limited to, all evaluations, ratings information and comments, are considered to be made by you.
Upon registration of a Member Account, you shall provide a valid email address that will be used to communicate between you and the Site, and will be used as the unique identifier for the Member Account. All notifications for your attention will be sent to the email address that is associated with your Member Account. Messages and notifications are considered received 24 hours after the email has been sent, unless we receive a notification stating that the email address is not valid or functioning.
You accept to provide your physical address, which is required by CloudofGoods.com upon registration of the Member Account. You herby grant CloudofGoods.com permission to post a general description of your physical address (i.e. City, State and Zip Code) to be displayed on any Rental Listing posted by your Member Account. Further, you hereby grant CloudofGoods.com permission to deliver your physical address to (1) the owner of an item proposed to be rented by you or (2) the borrower of an item after the completion of a rental request.
Any change of your personal information (including your email address) requested when creating and completing a Member Account must be declared to CloudofGoods.com within 8 days of the change.
Access, registration and usage of the website are free.
CloudofGoods.com does not pay any taxes on behalf of the Users or Members of the Site. You are solely responsible to: (i) determine what taxes resulting from any use of our Services or Site, if any, apply to you; and (ii) pay such taxes.
CloudofGoods.com cannot be aware of all the Content published on the site in all the Rental Listings or in the comments. However, CloudofGoods.com commits to remove as quickly as possible any copyright protected material once notified.
We respect the intellectual property of others, and we ask you to do the same. If you or any user of the Site believe its copyright, trademark or other property rights have been infringed by a posting on the Site, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), our Designated Agent for Notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about who repeat claims of copyright infringement are received will be terminated.
You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our Site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials may be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
Furthermore, the Content available on or through the Site may contain links to other websites that are completely independent of CloudofGoods.com. CloudofGoods.com makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such website. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on the Content, and that under no circumstances will CloudofGoods.com be liable for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available on or through the Site.
YOU AGREE THAT YOUR USE OF THE SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK AND YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND THE SERVICES AND ANY RENTAL TRANSACTION YOU ENTER INTO.YOUR SOLE REMEDY AGAINST CLOUD OF GOODS FOR DISSATISFACTION WITH THE SITE, THE SERVICES, OR ANY CONTENT IS TO STOP USING THE SITE AND THE SERVICE. THE SITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. CLOUD OF GOODS EXPRESSLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. CLOUD OF GOODS DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ANY CONTENTS, SERVICES, OR FEATURES WILL BE ERROR-FREE OR UNINTERRUPTED, THAT ANY DEFECTS WILL BE CORRECTED, THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS, OR THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. CLOUD OF GOODS DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES, INCLUDING OTHER USERS, IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, ITEMS RENTED TO OR FROM YOU IN CONNECTION WITH YOUR USE OF THE SITE, SERVICES OBTAINED OR GIVEN BY YOU IN CONNECTION WITH YOUR USE OF THE SITE, AND/OR ANY CLOUD OF GOODS SERVICES.
CLOUD OF GOODS SHALL NOT BE LIABLE FOR THE DELETION OR FAILURE TO STORE ANY CONTENT MAINTAINED OR TRANSMITTED BY THE SERVICE.
CLOUD OF GOODS WILL NOT PROVIDE LEGAL ADVICE REGARDING ANY SERVICES YOU USE (OR PROPOSE TO USE). NO ACT OF CLOUD OF GOODS SHALL BE INTERPRETED AS PROVIDING LEGAL ADVICE, INCLUDING BUT NOT LIMITED TO PROVIDING LEGAL DOCUMENT TEMPLATES OR PERMITTING A RENTAL TRANSACTION TO OCCUR. CLOUD OF GOODS ENCOURAGES YOU TO SEEK YOUR OWN LEGAL COUNSEL IF YOU HAVE ANY QUESTIONS REGARDING YOUR PERSONAL LIABILITY FOR ANY PARTICULAR TRANSACTION OR IF YOU WOULD LIKE A RENTAL AGREEMENT DRAFTED AND/OR REVIEWED.
Under no circumstances shall CloudofGoods.com be liable for direct, indirect, incidental, special, consequential or exemplary damages (even if CloudofGoods.com has been advised of the possibility of such damages), resulting from your use of the Site or the Service, or resulting from any rental transaction, including, but not limited to, damages or injury resulting form a rented item or non-returned item, damages which arise from use or misuse of the Site or the Service, from inability to use the Site or the Service, or the interruption, suspension, modification, alteration, or termination of the Site, the Service or member account. Such limitation shall also apply with respect to damages incurred by reason of other Services or products received through or advertised in connection with the Site or the Service or any links on the Site, as well as by reason of any information or advice received through or advertised in connection with the Site or the Service or any links on the Site. These limitations shall apply to the fullest extent permitted by law.
If you have a dispute with another user(s), you agree to release CloudofGoods.com and its officers, directors, agents, employees and representatives from any claims, demands, actions, losses, damages of every kind and nature, whether known or unknown, arising out of such dispute. If you are a California resident, you are to waive the application of California Civil Code Section 1542 which states: “A general release does not extent to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in San Mateo County, California, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Service must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees.
If a dispute arises out of or relates to this Agreement, or the breach thereof, you agree to try in good faith to settle the dispute by contacting the CloudofGoods.com directly.
If a dispute arises out of or relates to this Agreement, or the breach thereof, and if the dispute cannot be settled through negotiation, you agree to try in good faith to settle the dispute by mediation administered by the American Arbitration Association (http://www.adr.org/fileacase) under its Commercial Mediation Procedures before resorting to arbitration, litigation, or some other dispute resolution procedure.
If a dispute arising out of or relating to this Agreement, or the breach thereof, and if the dispute cannot be solved through negotiation, or mediation, you agree to settle the dispute by arbitration administered by the American Arbitration Association (http://www.adr.org/fileacase) under its Commercial Mediation Procedures and its Consumer-Related Disputes Supplementary Procedures before resorting to litigation, or some other dispute resolution procedure. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
If the dispute cannot be resolved through negotiation, mediation, or arbitration, then the parties shall be free to pursue any right or remedy available to them under applicable law.
Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States of America. Any offer for any feature, product or service made on the Site is void where prohibited. You are solely responsible for complying with applicable local laws.
CloudofGoods.com reserves the right to, at any time and without notice, modify, suspend or terminate operation of or access to the Site, or any portion thereof, or interrupt the operation of the Site, or any portion thereof.