TERMS & CONDITIONS
This Contract for Services is made effective as of August 09, 2017, by and between subscribers of www.cloudfunding.co and Cloud Fund Advisors, LLC (“CloudFunding™”)
For all mail, payments and other correspondence please send to:
Cloud Fund Advisors, LLC
2089 E Kathy Dr
Sandy, UT 84092
Please make all checks payable to:
Cloud Fund Advisors, LLC
1. DESCRIPTION OF SERVICES. Beginning on August 09, 2017, CloudFunding will provide subscribers the following services (collectively, the “Services”):
Web page publishing services designed to assist users in gathering/managing volunteers, donations and events online according to our publishing standards.
2. PAYMENT. Payment shall be made on our website via PayPal, Stripe, Woo Commerce, WePay, Square, Chase or electronic funds transfer via Fidelity Investments to:
Cloud Fund Advisors, LLC
Members agree to pay CloudFunding as follows:
CloudFunding™ OnePage Account – No Cost
CloudFunding™ Exchange Membership – $34.95 USD per 30 calendar days.
CloudFunding™ PAGES: $495.95 USD
Member shall pay all costs of collection, including without limitation, reasonable attorney fees. In addition to any other right or remedy provided by law, if member fails to pay for the Services when due, CloudFunding has the option to treat such failure to pay as a material breach of this Contract, and may cancel this Contract and/or seek legal remedies.
Payments may be made automatically every 30 day(s) via EFT (electronic funds transfer) using Stripe, PayPay, WePay, Square, Chase or Fidelity Investments. Please include your Cloudfunding Member ID# number on the memo line of checks in black ink.
3. TERM. This Contract may be terminated by either party at any time by logging in to www.cloudfunding.co/settings. Please see Terms of Service below.
4. WORK PRODUCT OWNERSHIP. Any copyrightable works, ideas, discoveries, inventions, patents, products, or other information (collectively the “Work Product”) developed in whole or in part by CloudFunding in connection with the Services will be the exclusive property of MEMBER. Upon request, CloudFunding will execute, within a reasonable period of time, all documents necessary to confirm or perfect the exclusive ownership of subscriber content to the Work Product.
6. WARRANTY. CloudFunding shall provide its services and meet its obligations under this Contract in a timely and workmanlike manner, using knowledge and recommendations for performing the services which meet generally acceptable standards in CloudFunding’s community and region, and will provide a standard of care equal to, or superior to, care used by service providers similar to CloudFunding on similar projects.
7. DEFAULT. The occurrence of any of the following shall constitute a material default under this Contract:
|a.||The failure to make a required payment when due.|
|b.||The insolvency or bankruptcy of either party.|
|c.||The subjection of any of either party’s property to any levy, seizure, general assignment for the benefit of creditors, application or sale for or by any creditor or government agency.|
|d.||The failure to make available or deliver the Services in the time and manner provided for in this Contract.|
8. REMEDIES. In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this Contract (including without limitation the failure to make a monetary payment when due), the other party may terminate the Contract by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have 14 days from the effective date of such notice to cure the default(s). Unless waived in writing by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Contract.
9. FORCE MAJEURE. If performance of this Contract or any obligation under this Contract is prevented, restricted, or interfered with by causes beyond either party’s reasonable control (“Force Majeure”), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages, or supplier failures. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.
10. DISPUTE RESOLUTION. The parties will attempt to resolve any dispute out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.
Any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation is not successful in resolving the entire dispute or is unavailable, any outstanding issues will be submitted to final and binding arbitration under the rules of the American Arbitration Association. The arbitrator’s award will be final, and judgment may be entered upon it by any court having proper jurisdiction.
11. ENTIRE AGREEMENT. This Contract contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of this Contract. This Contract supersedes any prior written or oral agreements between the parties.
12. SEVERABILITY. If any provision of this Contract will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.
13. AMENDMENT. This Contract may be modified or amended in writing by mutual agreement between the parties, if the writing is signed by the party obligated under the amendment.
14. GOVERNING LAW. This Contract shall be construed in accordance with the laws of the State of Utah.
15. NOTICE. Any notice or communication required or permitted under this Contract shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph or to such other address as one party may have furnished to the other in writing.
16. WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this Contract shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Contract.
17. ATTORNEY’S FEES TO PREVAILING PARTY. In any action arising hereunder or any separate action pertaining to the validity of this Agreement, the prevailing party shall be awarded reasonable attorney’s fees and costs, both in the trial court and on appeal.
18. CONSTRUCTION AND INTERPRETATION. The rule requiring construction or interpretation against the drafter is waived. The document shall be deemed as if it were drafted by both parties in a mutual effort.
IN WITNESS WHEREOF and according to internet copyright laws, the parties hereto have caused this Agreement to be executed by their duly authorized representatives as of the date first above written. Member, and Jacob Allred for Cloud Fund Advisors, LLC, agree that this contract effective as of the date first above written.
This is the Terms of Service agreement for Cloud Fund Advisors, LLC and Cloudfunding.co. All Cloudfunding, LLC users must read and accept every aspect of this and any other agreement or policy provided by Cloud Fund Advisors, LLC. If you do not agree to these terms, you are prohibited from using Cloudfunding.co or any affiliated services. Moreover, Cloud Fund Advisors, LLC reserves the right to modify this agreement at any time. Your use of Cloudfunding.co and affiliated services indicates your unconditional acceptance of all changes made to this agreement at any point.
The Ground Rules
The membership of Cloudfunding.co succeeds because of the quality of its members and some basic rules that everyone adheres to. We reserve the right to deny service to any member or prospective member at any time.
No Misrepresentation. Please be as honest and forthright about yourself and your offer as possible. Members are encouraged to report any communications that they consider to be misleading or any members that appear to be misrepresenting themselves.
No Leeches. A leech is someone who doesn’t respect the interests of the community and attempts to abuse the system for their own benefit. They take constantly and offer nothing in return. The Network succeeds because of our community’s ability to give. Don’t be a leech.
Securities Solicitation Policy
By posting on this site Member represents and agrees that nothing contained herein constitutes an offer to sell or solicitation of an offer to buy any security, and that if any offer or sale of securities is deemed to have occurred by reason of a posting or listing on this Site such offer and sale is made solely to institutional or accredited investors as those terms are applicable under state and federal securities laws.
All names and logos associated with “Cloud Funding”, Cloud Fund Advisors, LLC and Cloudfunding.co are under the trademark filing serial # 86011506 of Cloud Fund Advisors, LLC. You may not use the Cloud Funding trademark in any manner without Cloud Fund Advisors, LLC’s written consent. Furthermore, users may not infringe on any patents, trademarks, or other copyrights of Cloudfunding, LLC users or any other parties whatsoever.
Cloudfunding.co is an online service that allows startups to connect with individuals who are interested in helping to support them by pledging money in , LLC for a reward upon a successful fundraise. Only users who are manually approved will be able to launch a campaign on the site. All startups are thoroughly vetted prior to launching a campaign and they are coached on creating proper expectations and calculating use of proceeds.
Conditions for Membership
For obvious legal reasons, Cloudfunding.co or any affiliated services may not be used by persons under the age of 18. This same restriction applies to any users suspended or removed from Cloudfunding.co or any affiliated services. Users are prohibited from transferring or profiting from the transfer of their Cloudfunding, LLC account to another party. If you do not meet these requirements, you are not eligible to use Cloudfunding.co.
Terms of Information Use
Cloud Fund Advisors, LLC is authorized to use any information that is provided by Cloudfunding, LLC users or affiliates. This information is used at no charge from the users and may be used for any purpose associated with Cloud Fund Advisors, LLC, or any affiliates. All information that a user posts on Cloudfunding.co is completely the USER’s responsibility. Cloud Fund Advisors, LLC is not responsible for any misrepresentation of facts or other errors in this content. Cloud Fund Advisors, LLC strives to ensure the integrity of the information on Cloudfunding.co, but cannot guarantee the truthfulness of the information that each user provides through Cloudfunding.co. Cloud Fund Advisors, LLC reserves the right to release any user information or other information if required to do so by law.
Cloudfunding, LLC Contact System
Cloud Fund Advisors, LLC has created a proprietary messaging system for users to communicate with one another and for Cloud Fund Advisors, LLC to contact these users. Additionally, Cloud Fund Advisors, LLC may communicate with its users via email or other forms of contact in the normal course of business. All users must agree not to abuse Cloudfunding.co contact system in manner. Failure to comply with this requirement may result in account suspension or termination.
All information submitted to Cloudfunding.co, including messages, will become property of Cloud Fund Advisors, LLC. Any investor or entrepreneur on our site requesting to contact any other investor or entrepreneur on our site, does so at their own risk and is solely responsible for conducting any legal, accounting, or due diligence review. Please do not send any confidential information through Cloudfunding.co. You’re best off using the system to make contact with other Members and then continue any confidential information , LLC through your own methods.
Use of Cloudfunding.co
Your use of Cloudfunding.co Service must follow the guidelines set forth in this agreement. Cloudfunding.co may refuse or revoke service or other offerings without prior notice to any user or potential user for any reason. Users must obey all applicable local, national, and international laws associated with the use of Cloudfunding.co and any affiliated services.
Users take complete responsibility for all activities that occur under their Cloudfunding, LLC account with or without their prior knowledge or consent. In the event that you discover any unauthorized use of your account, you must immediately notify Cloudfunding.co so that the proper actions can be taken.
Types of Business Not Supported
Based on past experience, there are a few businesses that we just can’t seem to support without throwing the rest of our community up in arms. These include Multi Level Marketers, Home Based Business Services, and just about anything that has to do with pornography or adult entertainment. We reserve the right to cancel or suspend accounts that appear to be related to these types of business. If you’re running one of these types of businesses, you will probably have more luck on Craigslist, as they are a more generalized listing service.
Users agree with Cloud Fund Advisors, LLC NOT to use Cloudfunding.co or any services provided by Cloud Fund Advisors, LLC or its affiliates to:
- Commit ANY unlawful acts
- Post or “spam” other users on the system with unsolicited advertising or other communications
- Harm Cloudfunding.co, Cloudfunding, LLC or any related systems and infrastructure in any way through any means
- Collect or resell data containing other users’ profile or personal information or any other information on Cloudfunding.co
- Harass other users or anyone else in any way
- Misrepresent themselves in any way through profile postings, messages sent to
- Cloud Fund Advisors, LLC or other users, or any other method
- Commit any actions considered to be unethical or to abuse Cloudfunding.co system, other associated services, or users
- Attempt to deliberately solicit members to leave Cloudfunding.co in favor of another related or competitive service
Intellectual Property Rights — Project Creators
The Service provides you with the ability upload your content to the Site. Company will not have any ownership rights in your content, however, Company needs the following license to perform the Service. You hereby grant to Company the worldwide, non-exclusive, royalty-free, right to (and to allow others acting on its behalf to) (i) use, host, display, and otherwise perform the Service on your behalf (e.g., use, host, stream, transmit, playback, transcode, copy, display, feature, market, sell, distribute and otherwise exploit (“Host”) the content, along with all associated copyrightable works or metadata, including without limitation photographs, graphics, and descriptive text (“Artworks”) in connection with the Service); (ii) (and to allow other users to) stream, transmit, playback, download, display, feature, distribute, collect, and otherwise use the content and Artworks; and (iii) use and publish, and to permit others to use and publish, the name(s), trademarks, likenesses, and personal and biographical materials of you and the members of your group, in connection with the provision of the Service.
To enable Company to Host your content pursuant to the above provisions, you hereby grant to Company the worldwide, non-exclusive, perpetual, royalty-free, sub licensable and transferable right to use, reproduce, copy, and display your trademarks, service marks, slogans, logos or similar proprietary rights (collectively, the “Trademarks”) solely in connection with the Service.
Intellectual Property Rights — Users
The Service may provide users with the ability to add, create, upload, submit, distribute, collect, or post (“Submitting” or “Submission”) content, videos, audio clips, written forum comments, data, text, photographs, software, scripts, graphics, or other information to the Site (collectively, the “User Submissions”). By Submitting User Submissions on the Site or otherwise through the Service, you:
- acknowledge that by Submitting any User Submission to the Site, you are publishing that User Submission, and that you may be identified publicly by your User ID in association with any such User Submission;
- by Submitting any User Submissions through the Site or the Service, you hereby do and shall grant Company a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sub licensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with the Site, the Service and Company’s (and its successors and assigns’) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third party websites). You also hereby do and shall grant each user of the Site and/or the Service a non-exclusive license to access your User Submissions through the Site and the Service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions solely for personal, non-commercial use. For clarity, the foregoing license grant to Company does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing;
- you agree to pay all royalties and other amounts owed to any person or entity due to your Submission of any User Submissions to the Service;
- that the use or other exploitation of such User Submissions by Company and use or other exploitation by users of the Site and Service as contemplated by this Agreement will not infringe or violate the rights of any third party, including without limitation any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights; and
- understand that Company shall have the right to delete, edit, modify, reformat, excerpt, or translate any materials, content or information submitted by you; and that all information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which such content originated and that Company will not be liable for any errors or omissions in any content; and that Company cannot guarantee the identity of any other users with whom you may interact in the course of using the Service.
Company does not endorse and has no control over any User Submission. Company cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
Cloud Fund Advisors, LLC has set in place a listing of disciplinary guidelines for regarding the use of Cloudfunding.co or any affiliated services. Cloud Fund Advisors, LLC may, but is not obligated to, enforce penalties for breaching these guidelines. Foremost, you agree that Cloudfunding.co may immediately suspend or terminate your Cloudfunding, LLC account and all access to Cloudfunding.co and other services without prior notice. The following will lead to the suspension or termination by Cloudfunding.co of a user’s account 1) violation of this Terms of Service or the User Agreement within this document 2) Violation of any applicable laws 3) A user’s request to have their own profile removed 4) Account inactivity.
Account termination will include, but is NOT limited to the previous items and events listed. Cloudfunding, LLC account suspension or termination includes the complete stoppage of all use of Cloudfunding.co and any affiliated services. All account suspensions or terminations will be made at Cloud Fund Advisors, LLC’s discretion and without necessarily consulting any other parties. Cloud Fund Advisors, LLC is not liable for any damages associated with the suspension or termination of a user’s account.
If we made a mistake somewhere, we’ll work with you to quickly resolve the matter. Cloudfunding.co does not offer refunds outside of an internal error.
Under no circumstances shall Cloudfunding.co or it’s affiliates be held responsible for overdraft charges incurred from your financial institution as a result of any purchases or renewals through or in connection with our websites. It is the sole responsibility of you as a customer to ensure “overdraft fees,” “overage fees,” or “overlimit” or any other fees from your financial institution do not occur by taking the necessary action to avoid them. Furthermore, Cloudfunding.co is not liable for any fees incurred due to billing errors.
Subscriptions are billed on a monthly recurring basis. Your card will be debited the full purchase amount on the date of your purchase. All subsequent renewals will be billed in monthly increments, beginning one month after initial purchase date, until you cancel your monthly Subscription. We will not refund “unused” portions of a Subscription. If you decide to cancel, we simply stop all further billing and your subscription will expire at the end of your current billing period.
Consulting Services are billed on a one-time basis or deferred over multiple payments. These payments are not refundable by Cloudfunding, LLC once payment has been processed and service delivery has begun.
Platform Fees are billed on a monthly recurring basis 30 days past initial purchase date of the associated Consulting Services. Your card will be debited the full platform fee amount on this date. All subsequent renewals will be billed in monthly increments, beginning one month after initial Platform Fees processing date, until you cancel your monthly Platform Fee. We will not refund “unused” portions of a Platform Fee. If you decide to cancel, we simply stop all further billing and your Platform Fee will expire at the end of your current billing period.
Contacting Cloudfunding.co about Billing
If we made a mistake with your billing please email us at support@Cloudfunding.co.
Extent of Liability
By accepting this Terms of Service agreement, you agree that Cloud Fund Advisors, LLC and any persons or entities associated or affiliated with Cloud Fund Advisors, LLC are not responsible for any damages to any party as a result of using the services provided or transacting business with Cloud Fund Advisors, LLC or affiliates. Cloud Fund Advisors, LLC reserves the right, but is not obligated, to screen the content that is posted on Cloudfunding.co for any abusive, false, unreliable or other unacceptable material. However, we cannot guarantee that users will not find such material on this site. We rely a great deal on Cloudfunding.co user base to help protect the standards and integrity of the Network. Please report any such offenses to Cloud Fund Advisors, LLC so that proper action can be taken. We reserve the right, but are not obligated, to terminate any accounts that are in violation of this Terms of Service Agreement or any other policies that our company maintains. We hold no responsibility for ANY damages caused for any reason to users of our services or to other parties. Furthermore, Cloud Fund Advisors, LLC is not responsible for malfunctioning features or services that may hinder your use of Cloudfunding.co or its offerings or cause damages to any party. We will do our best to provide a fully functioning service with complete integrity at all times, but this cannot in any way be guaranteed. Cloud Fund Advisors, LLC will not be held responsible for the actions of other users on the Network or outside parties that disrupt the normal functioning of the network.
Membership on Cloudfunding, LLC does not constitute an offer to sell or the solicitation by Cloudfunding, LLC of an offer to buy any investment interest in the business ventures of members. The actual sale or purchase of an investment interest shall be a private and independent transaction between the members without any participation by Cloudfunding, LLC. In no event will Cloudfunding, LLC be liable for any loss of earnings or any other commercial damages, losses or expenses arising out of or in correlation with an independent transaction, agreement, or interaction between site members.
The privacy of our users and their information is extremely important to Cloud Fund Advisors, LLC and we take this matter very seriously.
Persons under the age of 18 are prohibited from using Cloudfunding, LLC and any associated services. These individuals are therefore not authorized to submit any private information to the system and Cloud Fund Advisors, LLC accepts no liability for such actions.
Upon registering as a Cloudfunding, LLC user, certain contact information such as your name, email address, and mailing address may be collected. This serves as an example and is not intended to be a complete list of information that may be collected at registration.
Cloudfunding.co is an online service that allows startups to connect with individuals who are interested in helping to support them by pledging money in exchange for a reward upon a successful fundraise. Only users who are manually approved will be able to launch a campaign on the site.
As part of the normal functions of the Cloudfunding, LLC platform, we will send you email regarding your transactions on the site. We will keep these emails limited to a minimum.
Cloudfunding, LLC will send you system generated emails and promotional materials. These communications may begin during the registration process and continue while your account remains on the Cloudfunding, LLC platform.
Startups will receive the email addresses of their backers if the project is successfully funded through a Cloudfunding, LLC campaign in order to help ensure proper delivery of rewards to backers among other communication. Startups that are not successful funded will not receive their backers email addresses as no further communication would be warranted.
As part of our efforts to provide better services to Cloudfunding, LLC users, Cloud Fund Advisors, LLC collects certain information related to the Internet and your computer. In order for us to analyze trends and provide superior service to our users, Cloud Fund Advisors, LLC retrieves the web address (URL) of both the website that you visited directly before and directly after visiting the Cloudfunding, LLC site. We also receive certain other information about your personal computer such as the unique IP address. Cloud Fund Advisors, LLC also follows a standard practice of using cookies and logs to analyze website usage. Cookies a extremely small files that are stored on your computer and help us to provide you with a better experience by automatically recalling your preferences each time you visit our site. Cookies will not harm your computer in any way and can be deleted at any time.
Following registration, Cloudfunding, LLC users will be prompted to complete a profile. Current users can also make changes to their own user profile. A user profile may contain, but is not limited to, your name, a personal statement, your work experience, goals, and any items contained on a resume. You should use good judgment about the information that you post in your profile since this can be viewed by others on the Cloudfunding, LLC. Your personal contact information CANNOT be viewed unless you release this information. Additionally, the information in your profile can be edited at your discretion at any time.
You may make changes to your Cloudfunding, LLC account and any associated preferences at any time. To make changes, you must log onto the Cloudfunding, LLC and make any edits through the My Account section. You may also request to terminate your Cloudfunding, LLC account. To request a removal of your account, please contact us.
By entering into our User Agreement, Cloudfunding, LLC Startups agree to not abuse other users’ personal information. Abuse is defined as using personal information for any purpose other than those explicitly specified in the Startup’s Project, or is not related to fulfilling delivery of a product or service explicitly specified in the Project Creator’s Project.
Stripe, WePay, Fidelity Investments and Chase Bank processes all of transactions on Cloudfunding.co. No one sees your credit card information besides Stripe or Paypal.