Effective Date: March 31, 2019
| Last Updated Date: March 31, 2022
THESE TERMS OF USE INCLUDE A CLASS ACTION WAIVER AND A WAIVER OF JURY TRIALS, AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RELATING IN ANY WAY TO YOUR USE OF THE WEBSITE, APPLICATION OR SERVICES (EACH AS DEFINED BELOW). THE TERMS OF USE LIMIT THE REMEDIES THAT MAY BE AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. BY ENTERING INTO THESE TERMS OF USE, YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW. PLEASE SEE THE DISPUTE RESOLUTION SECTION BELOW FOR MORE INFORMATION REGARDING ARBITRATION AND HOW IT DIFFERS FROM A PROCEEDING IN A COURT OF LAW.
ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF THE WEBSITE AND SERVICES WILL BE GOVERNED AND INTERPRETED UNDER THE LAWS OF THE STATE OF CALIFORNIA, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THESE TERMS.
THE TERMS OF USE LIMIT THE REMEDIES THAT MAY BE AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
WELCOME TO cloudPWR, LLC.
cloudPWR, LLC including its employees, directors, officers, agents, vendors and suppliers (“cloudPWR”, “us”, “our”, and “we”) provides and enables cloud based services via an online platform, site and service, which includes its proprietary SaaS service known as AIRLIFT Software, collectively “AIRLIFT”, the “Platform” or the “Service”, provided through this website (“Website”). The following terms of use Agreement (“Terms”) govern your access to and use of the Website, including any content and functionality offered on or through the Website, and the portal made available to Registered Users (defined below). These Terms also apply to all internet users accessing or using the Website in any way, including using the Services.
AIRLIFT DOES NOT PROVIDE ANY MEDICAL SERVICES OR ADVICE, INCLUDING ANY DIAGNOSIS OR TREATMENTS. ANY SUPPORT SERVICES PROVIDED BY CLOUDPWR FOR AIRLIFT DO NOT INCLUDE THE PROVISION OF CARE BUT ARE TO ENABLE CERTAIN PROVIDERS, WHO PROVIDE HEALTHCARE SERVICES, TO SERVICE THEIR PATIENTS. NO INFORMATION FROM AIRLIFT SHOULD BE RELIED ON BY ANY USER, ENTITY OR THIRD PARTY, AS PROFESSIONAL MEDICAL ADVICE. CONTACT HEALTHCARE PROVIDERS DIRECTLY FOR ANY MEDICAL ADVICE.
AGREEMENT.
Please read these Terms carefully before you start to use the Website or the Service.
We may modify any part of our Agreement at any time. You are responsible for periodic review, acknowledging that your continued use of AIRLIFT will constitute ongoing acceptance and agreement to these Terms and the applicable laws of the State of Washington, collectively known as the “Agreement”. By clicking the “I AGREE” button, completing the registration process and/or browsing the Website, you represent that (1) you have read, understand, and agree to be bound by these Terms, (2) you are of legal age to form a binding contract with cloudPWR, and (3) if you are using AIRLIFT on behalf of company, a public entity, governmental or administrative body or other legal entity (“Entity”), you represent that you have the authority to bind the Entity, in which case the terms you (“you”, “your” or “user(s)”) shall refer to the individual or Legal Entity, as applicable, identified as the User when you registered on the Website. If you do not have this authority or if you do not agree to be bound by these Terms, you must not accept our Agreement and may not use AIRLIFT, this Website or the Services.
PRIVACY POLICY.
The terms of our Privacy Policy are critical to your use of AIRLIFT and are available at www.cloudPWR.com/privacy-terms/ for your review.
USER INFORMATION.
Our clients, those who have contracted with us to use AIRLIFT include governmental entities, administrative bodies and companies (“Client”). The content and information presented, utilized, transmitted and made available by our Clients when using AIRLIFT include data, text, forms, files, graphics, images, audio, video, or other content, and the “User Information” as defined in the Privacy Policy that you personally provide, make available, upload, or share is collectively (“User Information”). User Information provided by Client is uploaded and compiled from a variety of private, public and governmental sources to provide services including registration, signing and tracking for certain initiatives and programs which are included as part of the Service. Your use of User Information provided by Client is voluntary. We do not validate, review, edit, approve or claim responsibility for any User Information provided by Client or the performance of any Service.
You acknowledge and agree that you have the authority and are solely responsible for the User Information you personally provide. We cannot, nor do we validate, review, edit, approve or claim responsibility for any User Information that you provide. We do not endorse and are not responsible for the accuracy, timeliness or truthfulness of such User Information. In addition to User Information, we collect “User Data,” (which includes Registration Data (defined below)) as defined in the Privacy Policy. For purposes of privacy and treatment of User Data and User Information (collectively “UDI”), please review the Privacy Policy at www.cloudPWR.com/terms/
ACCOUNT REGISTRATION
Account Creation.
In order to access certain features of cloudPWR Properties you may be required to become a Registered User. For purposes of the Agreement, a “Registered User” is a User who has registered an account on the Website (“Account”).
Registration Data.
In registering an Account on the Website, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (the “Registration Data”); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (i) of legal age to form a binding contract; and (ii) not a person barred from using cloudPWR Properties under the laws of the United States, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. If you provide any information that is untrue, inaccurate, not current or incomplete, or the cloudPWR has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the cloudPWR has the right to suspend or terminate your Account and refuse any and all current or future use of the cloudPWR Properties (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account per platform at any given time. The cloudPWR reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. You agree not to create an Account or use the cloudPWR Properties if you have been previously removed by the cloudPWR, or if you have been previously banned from any of the cloudPWR Properties (defined below).
Your Account.
Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of cloudPWR.
USE OF THE SERVICES AND CLOUDPWR PROPERTIES; CLOUDPWR LICENSE.
The Website, the Services and the information and content available on the Website and the Services (each a “cloudPWR Property” and collectively, the “cloudPWR Properties”) are protected by copyright laws throughout the world. Subject to the Agreement, cloudPWR grants you a limited license to reproduce portions of cloudPWR Properties for the sole purpose of using the Services for your personal or internal business purposes. Unless otherwise specified by cloudPWR in a separate license, your right to use any and all cloudPWR Properties is subject to the Agreement.
Pursuant to the terms of the Agreement, we grant you a non-exclusive, personal, revocable, limited license to use AIRLIFT for the Service offered (“License”). You acknowledge and agree that all rights (including all intellectual property rights), title and interest in and to AIRLIFT are owned solely and exclusively by cloudPWR. All rights not expressly granted to you are retained by cloudPWR. You may not reproduce duplicate, copy, sell, resell, or otherwise exploit or make AIRLIFT accessible for any purpose without express written consent of cloudPWR.
USER LICENSE.
You grant to cloudPWR of a non-exclusive, worldwide, perpetual, irrevocable, royalty-free and fully sublicensable right (including any moral rights) and license to use, copy, transmit, and reproduce UDI.
Updates.
You understand that the cloudPWR Properties are evolving. As a result, the cloudPWR may require you to accept updates to the cloudPWR Properties that you have installed on your computer or mobile device. You acknowledge and agree that the cloudPWR may update the cloudPWR Properties with or without notifying you. You may need to update third-party software from time to time in order to use the cloudPWR Properties.
TERMINATION.
The Terms commence on the date when you accept them (as described in the preamble above) and remain in full force and effect while your employer subscribes to the Website or Services, unless terminated earlier in accordance with the Terms.
Termination of Employer Agreement.
As an employee, you acknowledge and agree that your access and use of the cloudPWR Properties, including the Services are provided pursuant to an agreement between cloudPWR and an employer (a “Employer Agreement”). In the event the Employer Agreement is terminated at any time, these Terms will immediately terminate.
Termination of Terms by cloudPWR.
We reserve the right, to terminate this Agreement and/or your access to AIRLIFT at any time in our sole discretion, with or without cause, and with or without notice, without incurring liability of any kind, such termination. In the event of termination, all rights and licenses granted shall terminate and revert to cloudPWR. Notwithstanding the foregoing, upon termination, the handling of UDI is may be subject to our obligations (e.g. destroy, back-up, restore) agreed to between cloudPWR and Client as it concerns providing the Service. For details on opt-out, retention and destruction of UDI see our Privacy Policy at www.cloudPWR.com/terms/.
Termination of Terms by You
If you want to terminate the Terms provided by cloudPWR, you may do so by (a) notifying cloudPWR at least 30 days prior to subscription renewal date and (b) closing the Account that you use. Your notice should be sent, in writing, to the cloudPWR's address set forth below.
Effect of Termination.
Termination of these Terms includes removal of access to the Services and barring of further use of the Services. Termination of these Terms also includes deletion of your password and all related information, files and content associated with or inside your Account (or any part thereof). All provisions of the Terms which by their nature should survive, shall survive termination of the Terms, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
THIRD PARTY SITES.
At times, we may provide links to third party sites, including social media sites, as part of AIRLIFT. cloudPWR is not responsible for content from such sites, and you use them at your own risk. Your use of third party sites including the treatment of data and information you provide are subject to the terms of use and privacy policies that apply to such site. You must review the terms of use and privacy policies for those sites you access so that you understand how your data and information is handled. cloudPWR does not control any of those third party sites and does not endorse, approve or certify and makes no warranties, representations or guarantees for the correctness, sufficiency, completeness or efficacy of the data and information provided or accessed on such sites. Please see Privacy Policy at www.cloudPWR.com/privacy-terms/ for how we treat third party data.
ACCEPTABLE USE: THINGS YOU CANNOT DO.
Your use of AIRLIFT is limited in nature and scope. You are responsible for all activity that occurs with respect to your License, account and use of AIRLIFT. The following are examples of things you cannot do as it concerns AIRLIFT or the Service:
You must not:
- Share your account information (except with an authorized account administrator); or use another person’s account or credentials.
- Copy, distribute or disclose any part of AIRLIFT, or the Website in any medium, including without limitation by any automated or non-automated “scraping” functionality. Along these same lines you cannot use any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access AIRLIFT in a manner that sends more request messages to our servers than a human (no androids allowed) can reasonably produce in the same period of time by using a conventional on-line web browser.
- Copy, modify, host, stream, sell, lease, loan, distribute, transfer, or sublicense any content or Information or part of AIRLIFT for any reason.
- Use AIRLIFT for activities, which are in violation or are non-conforming with any law or regulation; nor upload invalid data, viruses, worms or other software agents through AIRLIFT.
- Engage in behavior that violates anyone’s intellectual property rights which includes all copyright, moral rights, trademark, patent, trade secret, unfair competition, right of privacy, right of publicity, or other proprietary rights.
- Attempt to interfere with, compromise the integrity of the system or its security, or decipher any transmissions to or from the servers running AIRLIFT, or cause and unreasonable or disproportionately large load on our network or infrastructure.
- Use any data mining or similar data gathering and extraction methods in connection with AIRLIFT, collect, or harvest any personally identifiable information or other regulated data including account names.
- Use AIRLIFT to construct any kind of database or access or attempt to access AIRLIFT by any means other than the interface we provided, or circumvent any access or use restrictions put into place to prevent certain uses of AIRLIFT.
- Impersonate any person or entity or misrepresent your affiliation with a person or entity using AIRLIFT.
INTELLECTUAL PROPERTY: COPYRIGHT, TRADEMARKS AND PATENT.
AIRLIFT contains proprietary technology and includes trade secrets (and may include inventions for which a patent may be, has been applied for or issued) or is proprietary to a third party from whom we have obtained the right to make it available. All copyrights, patents (pending), trade secrets, and any other intellectual property rights related to AIRLIFT, including all applications and registrations with respect thereto, and related to all copies, partial copies, adaptations, additions, collective works, compilations, derivative works, enhancements, modifications, and translations of AIRLIFT, will remain in or are assigned to cloudPWR. The names and marks of cloudPWR including AIRLIFT are the proprietary and copyrighted property of cloudPWR protected by United States copyright laws and international treaties and may not be used, in whole or in part, without the prior written permission of cloudPWR any use other than for the Service without the prior written permission from us is strictly prohibited. All other trademarks, registered trademarks, company names, product or service names are either trademarks or registered trademarks of their respective owners. We respect the intellectual property rights of others and we expect our users to do the same.
CONFIDENTIALITY.
You agree not to disclose our non-public information, including any software and documentation (“Proprietary Information”) to anyone without our written consent. You may disclose this information to those who have a need to know conditioned they are bound by a written agreement with confidentiality provisions no less stringent than what you would require if providing your information directly to a third party.
FEEDBACK.
You agree to inform us of any functional flaws, errors, anomalies, and problems known to or discovered with respect to AIRLIFT and provide us with feedback, ideas, suggestions for modifications or improvements, and the like in connection with AIRLIFT (“Feedback”). All Feedback will be the sole and exclusive property of cloudPWR and you will agree to release any rights or interests claimed as it relates to all Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to the cloudPWR a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the cloudPWR Properties.
WARRANTIES AND DISCLAIMERS.
Your acceptance of our Agreement includes the following warranties and representations: (i) You are responsible for the accuracy, quality, integrity and legality of all UDI; (ii) You will use commercially reasonable efforts to prevent unauthorized access to or use of AIRLIFT and notify us promptly of any such unauthorized access or use; (iii) You understand and acknowledge that we have no obligation to review, monitor or manage any UDI; (iv) You will use AIRLIFT only for the intended purpose and in accordance with applicable laws, rules and regulations, including those presented in the section titled “Acceptable Use”; (v) You are responsible for all of activities that occur as a result of your use of AIRLIFT; and (vi) You agree you will not use AIRLIFT for unlawful purposes or to engage in any illegal, offensive, indecent or objectionable conduct, including violation of any third party privacy, data privacy or other rights. AIRLIFT IS PROVIDED ON “AS IS” AND “AS AVAILABLE” BASIS, AND CLOUDPWR (AND OUR SUPPLIERS) EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OR GUARANTEES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE. SPECIFICALLY, CLOUDPWR DOES NOT REPRESENT OR WARRANT THAT: (A) THE USE OF AIRLIFT WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, APPLICATION, SYSTEM OR DATA; (B) AIRLIFT WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (C) YOU WILL BE APPROVED, ACCEPTED OR AUTHORIZED FOR ANY PURPOSE; (D) ANY STORED DATA OR INFORMATION WILL BE ACCURATE OR RELIABLE; (E) ERRORS OR DEFECTS WILL BE CORRECTED; OR (F) AIRLIFT SHALL BE AVAILABLE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CLOUDPWR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
LIMITATION OF LIABILITY.
IN RETURN FOR YOUR USE OF AIRLIFT AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU ASSUME FULL RESPONSIBILITY FOR ANY LOSS THAT RESULTS FROM YOUR USE OF AIRLIFT INCLUDING ANY DOWNLOADS OR USE OF INFORMATION. YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL CLOUDPWR OR ITS OFFICES, DIRECTORS, SHAREHOLDERS, OR EMPLOYEES, BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHER FORM, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF CLOUDPWR, OR THE INFORMATION CONTAINED IN, OR ACCESSED THROUGH CLOUDPWR; OR ANY DENIAL, REJECTION, NON-APPROVAL, NON-ISSUANCE OR OTHER NEGATIVE RESULT AS IT CONCERNS THE PURPOSE FOR WHICH AIRLIFT IS BEING USED. OUR TOTAL LIABILITY IN ANY MATTER ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF AIRLIFT IS LIMITED TO U.S. $100. THIS LIMITATION WILL APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THE LIABILITY EXCEEDING THE AMOUNT AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
INDEMNIFICATION.
You remain solely liable for your use of AIRLIFT including all UDI you upload or transmit using AIRLIFT. You agree to indemnify and hold harmless cloudPWR, and its officers, directors, employees, owners from any claim, action, demand, loss, or damages (including attorneys’ fees) made or incurred by a party including any third party arising out of or relating to your conduct, your violation of the Agreement, your use of AIRLIFT or your violation of any rights of a third party, law, regulation or policy. cloudPWR reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the cloudPWR in asserting any available defenses. You agree that the provisions in this section will survive any termination of your Account, the Terms or your access to the cloudPWR Properties. This provision does not require you to indemnify any of the cloudPWR Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the cloudPWR Properties.
COMPLIANCE WITH LAWS & REGULATIONS.
Notwithstanding the warranties above, you warrant and represent that your use of AIRLIFT will comply with all laws, regulations and policies, including state, federal as well as global laws and regulations and those laws and regulations, which may be specific to an industry or location. Notwithstanding any other indemnification obligations in these Terms, you agree to indemnify and hold cloudPWR harmless from any fines, penalties, losses, claims of damages, including attorneys’ fees which result from your breach of any part of these warranties.
NETWORK DELAYS.
AIRLIFT MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. CLOUDPWR IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, TIMELINESS, INCORRECT DETERMINATION OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
ILLEGAL CONTENT: INVESTIGATIONS & DISCLOSURES.
As stated, we do not review UDI, but we may use available technologies or processes to screen for certain types of illegal content (for example, child pornography) or other abusive content or behavior (for example, patterns of activity that indicate spam or phishing, or keywords that indicate adult content has been posted outside of the adult wall). We may access or disclose UDI about you, or your use of AIRLIFT: (i) when it is required by law (such as when we receive a valid subpoena or search warrant); (ii) to respond to your requests for customer support; or (iii) when we, in our discretion, think it is necessary to protect the rights, property, or personal safety of us, our users, or the public.
LAW & JURISDICTION.
Dispute Resolution. Please read this Arbitration Agreement carefully. It is part of your contract with cloudPWR and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Applicability of Arbitration Agreement.
All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by the cloudPWR that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Notwithstanding the foregoing, however, you agree that you will not bring a class action claim in small claims court. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and the cloudPWR, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
Notice Requirement and Informal Dispute Resolution.
Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to the cloudPWR should be sent to: PO Box 2032 Post Falls, ID. 83877. After the Notice is received, you and the cloudPWR may attempt to resolve the claim or dispute informally. If you and the cloudPWR do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
Arbitration Rules and Forum.
The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to PO Box 2032 Post Falls, ID. 83877. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, cloudPWR will pay them for you. In addition, cloudPWR will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous.
You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Authority of Arbitrator.
The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and cloudPWR. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
Waiver of Jury Trial.
THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. You and cloudPWR are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in this Dispute Resolution, subsection (a) above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
Waiver of Class or Other Non-Individualized Relief.
ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given claim for relief, than then claim must be severed from the arbitration and brought into the State or Federal Courts located in California. All other claims shall be arbitrated.
30-Day Right to Opt Out.
You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: cloudPWR, LLC. ATTN: Administration Department, PO Box 2032 Post Falls, ID. 83877, within 30 days after first becoming subject to this Arbitration Agreement or you can submit the notice via email to info@cloudPWR.com. Your notice must include your name and address, your cloudPWR username (if any), the email address you used to set up your cloudPWR account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
Severability.
Except as provided in this Dispute Resolution, subsection (f), if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
Survival of Agreement.
Arbitration Agreement will survive the termination of your relationship with cloudPWR.
Modification.
Notwithstanding any provision in this Agreement to the contrary, we agree that if cloudPWR makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing cloudPWR at the following address: PO Box 2032 Post Falls, ID. 83877.
Courts.
In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts.
REMAINING LEGAL STUFF.
Upon expiration or termination of the Agreement, any licenses you have granted, all your warranties, your indemnification obligations, our warranty disclaimers or limitations of liabilities, and dispute resolution provisions stated in these Terms shall survive. We may give notice by means of electronic mail to your email address on record (account information), or by written communication sent by first class mail or pre-paid post to your address if known. You may give notice to us (such notice shall be deemed given when received by us) at any time by contacting us as at info@cloudPWR.com or by sending us a written message via US Mail to the following: PO Box 2032 Post Falls, ID. 83877. As always, you can reach us at 866-586-6138. The Agreement (these Terms, the Privacy Policy and any applicable laws) constitute the entire agreement between you and us regarding your use of AIRLIFT and supersede any prior agreements between you and us relating to AIRLIFT. You may not assign or otherwise transfer these Terms or your rights and obligations under these Terms, in whole or in part, without our written consent and any such attempt will be void. If a particular term is not enforceable, the unenforceability of that term will not affect any other term. Our failure to enforce or exercise any term is not a waiver of that term.
CHANGES AND UPDATES.
From time to time, we may revise these Terms. To help you stay current of any changes, we note above, the date these Terms were last updated. Users can send an email to info@cloudPWR.com or use the Live Chat widget on the cloudPWR website.