Terms and Conditions
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the https://www.smartcloudmn.com website and all of its subdomains (the "Service") operated by Smart Cloud LLC ("us", "we", or "our").
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
INTELLECTUAL PROPERTY
The Service and its original content, features and functionality are and will remain the exclusive property of Smart Cloud LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Smart Cloud LLC.
COPYRIGHT & TRADEMARK DISCLAIMERS
Third-Party Trademarks: All third-party trademarks, logos, and service marks displayed on the Smart Cloud LLC website are the property of their respective owners. The use of these trademarks is for informational purposes only and does not imply any endorsement, sponsorship, or affiliation with Smart Cloud LLC. Smart Cloud LLC does not claim ownership over any third-party trademarks. Unauthorized use of any third-party trademarks is strictly prohibited.
T-Mobile Trademarks: T-Mobile, the T logo, Magenta, and the magenta color are registered trademarks of Deutsche Telekom AG.
Copyright: All content on the Smart Cloud LLC website, including text, graphics, images, and logos, is protected by copyright and other intellectual property laws. Unauthorized use of any content from the website is strictly prohibited without prior written permission from Smart Cloud LLC.
Use of Trademarks and Content: The use of any trademarks, copyrighted content, or other intellectual property from the Smart Cloud LLC website is governed by applicable intellectual property laws. Any unauthorized use is subject to legal action.
LINKS TO OTHER WEBSITES
Our Service may contain links to third party web sites or services that are not owned or controlled by us.
We have no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party websites or services that you visit.
TERMINATION
We may terminate or suspend your access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless Smart Cloud LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, or b) a breach of these Terms.
LIMITATION OF LIABILITY
In no event shall we, nor our directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
DISCLAIMER
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Our subsidiaries, affiliates, and our licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will
be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
EXCLUSIONS
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
GOVERNING LAW
These Terms shall be governed and construed in accordance with the laws of Minnesota, United States, without regard to its conflict of law Provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
CHANGES
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
HOME MEMBERSHIP PAYMENTS
When you purchase a Home Membership through our Service, your transaction is subject to additional terms provided at checkout, including our 'Home Membership Terms and Conditions.' By purchasing a membership, you agree to be bound by those specific terms, which operate in conjunction with this overarching agreement.
CONTACT US
If you have any questions about these Terms, please contact us:
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By Email: support@smartcloudmn.com
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By Contact form: www.smartcloudmn.com
PAYMENTS AND BILLING
If you purchase a service or membership through the Service, you agree to provide current, complete, and accurate purchase and account information. All online payments are securely processed through a third-party payment processor (Stripe). Smart Cloud LLC does not collect, process, or store your full credit card information on our servers.
By submitting your payment information, you authorize us and our third-party payment processor to charge your designated payment method for the applicable fees, including recurring Home Membership fees, applicable Minnesota state and local taxes, and any other charges incurred in connection with your use of the Service. If a charge to your payment method fails or your account becomes past due, we reserve the right to suspend or terminate your access to services or memberships without liability.
USER ACCOUNTS
Access to certain features of the Service, including the client portal, requires an account. User accounts are not created through open public registration on the website; rather, they are provisioned by Smart Cloud LLC through our internal client management system when you formally become a client.
Upon receiving your account credentials, you are responsible for maintaining the confidentiality of your password and account. You are fully responsible for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. Smart Cloud LLC cannot and will not be liable for any loss or damage arising from your failure to comply with this security obligation.
ACCEPTABLE USE POLICY
You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:
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In any way that violates any applicable federal, state, or local law or regulation, including the laws of the State of Minnesota.
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In any way that causes, or may cause, damage to the Service or impairment of the availability, accessibility, or functionality of the website or our booking systems.
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To copy, store, host, transmit, send, use, publish, or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software.
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To conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction, and data harvesting) on or in relation to our Service without our express written consent.
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To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, our APIs, or any server, computer, or database connected to the Service.
