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Terms of Use

Last Updated May 26, 2020

This web page represents a legal document that serves as our Terms of Use and it governs the legal terms of our Sites and Services, https://www.every8.cloud, sub-domains, and any associated web-based and mobile applications (collectively, Sites and/or Services), as owned and operated by Every8.Cloud.

Capitalized terms, unless otherwise defined, have the meaning specified within the Definitions section below. This Terms of Use along with our Privacy Policy, Service-Level Agreement, and other posted guidelines within our Sites, collectively "Legal Terms", constitute the entire and only agreement between you and Every8.Cloud, and supersede all other agreements, representations, warranties and understandings with respect to our Sites and Services and the subject matter contained herein. We may amend our Legal Terms at any time without specific notice to you. The latest copies of our Legal Terms will be posted on our Site, and you should review all Legal Terms prior to using our Services. After any revisions to our Legal Terms are posted, you agree to be bound to any such changes to them. Therefore, it is important for you to periodically review our Legal Terms to make sure you still agree to them.

By using our Sites and Services, you agree to fully comply with and be bound by our Legal Terms. Please review them carefully. If you do not accept our Legal Terms, do not access and use our Sites or Services. If you have already accessed our Sites and do not accept our Legal Terms, you should immediately discontinue use of our Sites and Services.

These Terms of Use apply to both individuals and Registered Entities, and are effective immediately upon your clicking the "Sign Up" or upon accessing the Service for which these Terms of Use have been accepted on your behalf.

Definitions

The terms "us" or "we" or "our" refers to Every8.Cloud

A "Visitor" is someone who merely browses our Site, but has not registered as Client.

A Client is an individual that has registered with us to use our Services.

Every8.Cloud or third parties acting on Every8.Cloud's behalf will provide access to the Every8.Cloud Service, a web-based service that allows you to store, retrieve, organize and share data (the "Service").

A "User" is a collective identifier that refers to either a Visitor or a Client.

All text, information, graphics, audio, video, and data offered through our Sites are collectively known as our "Content".

Limited License

Every8.Cloud grants you a non-exclusive, non-transferable, revocable license to access and use our Sites and Services strictly in accordance with our Legal Terms. Your use of our Sites and Services is solely for the purposes stated within our Legal Terms; any other use is a violation of this license and will result in the revocation of your account.

Legal Compliance

You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Sites and Services. We reserve the right to investigate complaints or reported violations of our Legal Terms and to take any action we deem appropriate, including but not limited to canceling your Client account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information, as allowed under our Privacy Policy.

Every8.Cloud Intellectual Property

Every8.Cloud Services may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of the Service does not constitute any right or license for you to use such service marks/trademarks, without the prior written permission of the corresponding service mark/trademark owner. Our Service is also protected under international copyright laws. The copying, redistribution, use or publication by you of any portion of our Content is strictly prohibited. Your use of our Service does not grant you ownership rights of any kind.

Your Intellectual Property

You agree that Every8.Cloud may use Content and Applications inputted by you into the Service only to the extent that is needed to use such Content and Applications to provide the Service to you and your third party end users. Every8.Cloud does not have any right, title or interest in your Content or Applications, except as specifically granted herein in order to provide the Service to you and your users.

You agree that Every8.Cloud will collect and use certain aggregate data as part of providing, analyzing or improving the Service, and for purposes of statistical analysis and marketing metrics.

Service Fees

You agree to pay any applicable fees for the Service plan described on your account page. If the number of users granted access exceeds the number of users purchased, or you exceed the storage limits or other plan or package entitlements during the subscription term, Every8.Cloud reserves the right to invoice you for such overage. Every8.Cloud also reserves the right to change fees for the Service at any time, at its discretion, with notice to you, which notice may be provided to your email address on file or through your account.

The Service Fees shall be due and payable to Every8.Cloud or third parties acting on Every8.Cloud in advance. Every8.Cloud reserves the right to suspend the accounts of customers who fail to make payments on their plan(s). All fees are non-refundable, in whole or in part, even if the Service is suspended, cancelled or transferred prior to the end of your subscription term.

You will be responsible for, and will promptly pay, all taxes and duties of any kind (including but not limited to sales, use and withholding taxes), if any, associated herewith or your receipt or use of the Service. In the event that Every8.Cloud is required to collect or pay any tax for which you are responsible, Every8.Cloud will invoice you. You will make all payments to Every8.Cloud free and clear of, and without reduction for, any withholding taxes or duties; any such taxes or duties imposed on payments of fees to Every8.Cloud will be your sole responsibility, and you will provide the official receipts issued by the appropriate taxing authority, or such other evidence as Every8.Cloud may reasonably request, to establish that such taxes have been paid.

Links to Other Websites

Our Sites may contain links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with, or sponsor such third party websites. The inclusion of links within our Sites does not constitute any endorsement, guarantee, warranty, or recommendation of such third party websites. We have no control over the legal documents and privacy practices of third party websites; as such, you access any such third party websites at your own risk.

Your Registration Obligations

In consideration for your use of the Service, you agree to provide, promptly update, and maintain true, accurate, current and complete information about yourself in the required fields as prompted by the Service's registration form(s) (such information being the "Registration Data"). If you provide any information that is untrue, inaccurate, not current or incomplete, or Every8.Cloud has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, your account may be suspended or terminated and Every8.Cloud may refuse any and all current or future use of the Service (or any portion thereof).

Acceptable Use Policy

You agree to comply with Every8.Cloud Acceptable Use Policy. By submitting any content, you warrant that: you are the owner of such Content, or have all the rights necessary to use and submit such Content, and the use of such Content will not infringe or misappropriate the intellectual property rights of or otherwise violate the rights of any third party.

Restrictions

You may not copy, modify, make derivative works of, rent, lease, sell, sublicense, redistribute, or transfer any portion of the Service (except solely to the extent necessary to allow your users to use your Applications). These restrictions do not apply to the Content and Applications you place on the Service. You may not access the Service by any means other than through the interface that is provided by Every8.Cloud for use in accessing the Service. You may not, and will not allow third parties, to directly or indirectly access the Service in a manner intended to avoid incurring licensing fees or other charges including providing access to the Service through a separate system, or any other interface.

Concurrent Usage

Your right to access and use the Service is limited solely to use by the number of users for which you have purchased a subscription and paid the applicable subscription fees. You may increase the number of users at any time by adding additional users. Concurrent usage is prohibited. You may only grant access to the Service to those users who have been assigned unique access credentials. A single username or password may not be used by more than one user. Sharing of access credentials is prohibited. Only the identified individual associated with unique access credentials can access the Service using such access credentials. You may not provide access and revoke access to user accounts on a regular basis in order to circumvent subscription fees.

Warranty Disclaimer

Every8.Cloud reserves the right to change any and all Content and features of our Sites, at any time without notice. Our Sites may be temporarily unavailable from time to time for maintenance or other reasons. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Client Content. Every8.Cloud is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, Sites, failure of email or players on account of technical problems or traffic congestion on the Internet or any combination thereof, including injury or damage to anyone’s computer, mobile phone, or other hardware or Sites, related to or resulting from using, uploading, or downloading materials in connection with our Sites and Services. Under no circumstances will Every8.Cloud be responsible for any loss or damage, including any loss or damage or personal injury or death, resulting from anyone’s use of our Sites and Services, or for any interactions between Users of our Sites, whether online or offline.

OUR SITES AND SERVICES IS PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR SITES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. Every8.Cloud, INCLUDING ALL OUR AFFILIATES, HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR SITES AND SERVICES, OTHER THAN AS SPECIFIED IN OUR LEGAL TERMS. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF OUR SITES AND SERVICES. Every8.Cloud DOES NOT REPRESENT OR WARRANT THAT OUR SITES AND SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT IT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT AND USE INDUSTRY-RECOGNIZED PROGRAMS TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR SITES AND SERVICES IS DISCLAIMED. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU USE OUR SITES AND SERVICES AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOU, YOUR MOBILE DEVICE OR COMPUTER SYSTEM, OR OTHER HARM OF ANY KIND THAT MAY RESULT. WE, AS WELL AS ALL OF OUR AFFILIATES, ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF INCOME, BUSINESS, PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND Every8.Cloud OUR SITES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR SITES SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN OUR LEGAL TERMS.

Limitation of Liability

Every8.Cloud, as well as all our affiliates, shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from our Sites and Services; (b) the unavailability or interruption of our Site and Services; (c) your use of our Sites and Services; or (d) any delay or failure in performance of our Sites and Services.

Every8.Cloud AND ITS AFFILIATES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. Every8.Cloud AND ITS AFFILIATES HAVE NO LIABILITY AND WILL MAKE NO WARRANTY, REFUND, OR OTHER RESTITUTION TO YOU WITH REGARDS TO OUR SITES AND SERVICES, OTHER THAN AS SPECIFIED HEREIN, FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO, DELAYS, CANCELLATIONS, STRIKES, GOVERNMENTAL ISSUES, OR FORCE MAJEURE.

IN NO EVENT WILL Every8.Cloud OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOSSES ARISING FROM YOUR USE OF OUR SITES AND SERVICES, EVEN IF Every8.Cloud IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Every8.Cloud’s LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO YOUR CEASING USE OF OUR SITES AND SERVICES.

General Terms

Our Legal Terms shall be treated as though it were executed and performed in Canada and shall be governed by and construed in accordance with the laws of Canada without regard to conflict of law principles.