Cloud + Mortar, LLC, a Delaware limited liability company (“Cloud + Mortar”, “we”, ”our” or “us”), operates a website located at the URL cloudandmortar.com, together with any other website or applications branded as Cloud + Mortar, including, but not limited to, our pages provided through various social media channels (the “Services”). By accessing or using the Services in any way, you accept these Customer Terms and Conditions (the “Terms and Conditions”), which form a binding agreement between you and Cloud + Mortar, governing your access and use of the Services and your registration for an account (an “Account”) and/or the purchase by you of any product offered for sale on Cloud + Mortar (the “Products” and each, a “Product”) through the Services. If you do not agree to these Terms and Conditions, or to any subsequent changes we may make to these Terms and Conditions, you must immediately stop using the Services, terminate your Account, unsubscribe from all Subscriptions (as defined below) and discontinue purchasing Products. These Terms and Conditions are also incorporated by reference into our Privacy & Cookies Policy (the “Privacy Policy”).
ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THE ARBITRATION CLAUSE BELOW, CLOUD + MORTAR AND YOU AGREE THAT DISPUTES BETWEEN THE PARTIES WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND WE EACH WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT, CLASS-WIDE ARBITRATION OR A JURY TRIAL.
This Application allows consumers (“Buyers”) to connect to and interact with third party sellers (“Sellers”) of products (“Products”). We therefore are not directly involved in any such interaction nor do we intermediate, participate in or benefit economically (other than a processing fee) from any contract or transaction which occurs as a consequence of such interactions.
Parties other than Cloud and Mortar publish and sell their Products through our Services. By purchasing products offered by these Sellers, you are purchasing directly from those third parties. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). We do not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
We do not control, monitor, moderate or inspect any products offered by Sellers via this Application. This means that we do not bear any responsibility in connection with such Products, including but not limited to their quality, safety, accuracy, or the Sellers’ ability to provide them.
This Application serves as a technical infrastructure or platform that allow Buyers and Sellers (“Users”) to interact with each other. We are therefore not directly involved in any such interactions between Users.
These Terms apply to the described usage of our Service as a platform. Unless otherwise stated, these Terms also apply to transactions between Buyers and Sellers. This does not imply the involvement of Cloud and Mortar in such transactions.
No one under the age of 13 is allowed to create an Account or use the Services. To view information on our policy regarding the privacy of children under the age of 13, please review our Privacy Policy available at: www.cloudandmortar.com/privacy-policy/. You must be 18 years of age or older in order to register for an Account or to subscribe to receive any content or other marketing or promotional material from us (in any form and via any media), including, but not limited to, any marketing and promotional materials you may choose to receive through the Services (a “Subscription”). If you are under the age of 18 or not of legal age to form a binding contract in your place of residence, you must have your parent or legal guardian’s permission to use the Services.
Pursuant to 47 U.S.C. Section 230(d) as amended, Cloud + Mortar hereby notifies you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.
By using the Services, you represent to Cloud + Mortar that:
You may unsubscribe to a Subscription by clicking the “Unsubscribe” link at the bottom of the email. Please allow 48 hours for termination to take effect.
Prices, descriptions or availability of Products are outlined in the respective sections of our Services and are subject to change without notice. Products on our Services are listed by each Seller. We imply no warranty as to the characteristics of the purchased Product.
Cloud and Mortar is not the Seller of the products. All orders are processed as individual orders for each respective Seller and billing is completed in each respective Seller’s payment processing account. Orders are subject to the terms and conditions of each Seller as listed on their website. We provide links to each Seller’s Terms and Conditions and Privacy policies [where?]. We do not take responsibility for the Seller’s obligations with respect to any purchases
The right to withdraw from a contract to purchase is subject to the terms and conditions of each respective Seller. Terms of conditions of a sale, delivery, and returns can be found on each seller’s website. The Application provides links to Seller terms and conditions in each order. [victor need to move up to the cart]. Need to mark with final sale.
If applicable, the right to withdraw from contracts entered into with Sellers via the Services is subject to the conditions and specifications made available by each Seller on this Service.
Users
Third Party
Cloud + Mortar
To use certain functions of the Services you may be asked to set up an Account. You represent that all information you provide to Cloud + Mortar upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy. If you have previously had your access to or use of the Account terminated by us, you may not access or use the Account or Services under any circumstances. You are responsible for all activity that occurs in your Account, including the use of your Account by other people who you may or may not authorize to use your Account. If you allow others to access your Account in violation of these Terms and Conditions, you agree to be responsible for ensuring that they comply with these Terms and Conditions. In the event of a breach of security or unauthorized use of your Account, please notify us by sending an email to [email protected].
In using the Services, you agree that you will not:
You may terminate your Account at any time by deleting your account on the website or by sending an email to [email protected]. Please all 48 hours for termination to take effect. Our rights under these Terms and Conditions will expressly survive termination of these Terms and Conditions, the cessation of your use of or access to the Services, termination of your Account and/or cancellation of your Subscription.
The Services are designed to enable you to communicate with the public at large. When using the Services, you agree that you will not:
In addition, to protect the Services, you agree:
Violation of these Terms and Conditions may, in Cloud + Mortar’s sole discretion, result in termination of your access to the Services.
Submission of Notice. If you are a copyright owner or an agent thereof and believe that any content on the Services infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA“) by providing our Copyright Agent (contact information below) with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
Submission of Counter-Notice. If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your User Content, you may send a counter-notice containing the following information to the Copyright Agent:
If a counter-notice is received by the Copyright Agent, Cloud + Mortar may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Cloud + Mortar’s sole discretion.
Cloud + Mortar Copyright Agent. Cloud + Mortar’s designated Copyright Agent to receive notifications of claimed infringement is:
Cloud + Mortar.com, LLC
Attn: Copyright Agent
300 Coles Street, Suite 2403
Jersey City, NJ 07310
Email:[email protected]
Your right to purchase Products on our Services us is subject to your continued compliance with these Terms and Conditions and all applicable laws. Each time you submit an order through the Services, you agree that you do so expressly subject to these Terms and Conditions as well as the Terms and Conditions of each respective Seller. You are responsible for reviewing the latest version of these Terms and Conditions every time you submit an order. Your right to access the Services and purchase Products will terminate immediately, without any further action by Cloud + Mortar, upon your breach of these Terms and Conditions.
Sellers provide Products through the Services via an online e-commerce platform hosted by Shopify Inc. (“Shopify”). By submitting an order through the Services, you acknowledge and agree that you have read and understand the Shopify Terms of Service available at www.shopify.com/legal/terms and the Shopify Privacy Policy available at www.shopify.com/legal/privacy, each of which applies to these Terms and Conditions, your use of the Services and to your purchase of Products through the Services. With respect to the sale and purchase of Products through the Service, if there is an inconsistency between these Terms and Conditions and the Shopify Terms of Service, the Shopify Terms of Service shall govern to the extent of the inconsistency.
Purchasing Products
In order to make purchases through the Services, you must be 18 years of age or older, be lawfully able to enter into and form contracts on the Internet in accordance with the laws of the State of New Jersey, possess a valid credit or debit card issued by a bank acceptable to us and have a shipping address within the United States or any US Territory. You will be required to provide information about yourself that is true, accurate, current and complete in all respects, including, but not limited to, your full name, address and email address and other information as shall be indicated, including payment details and billing information. You represent and warrant that you have the right to use such credit or debit card, that such payment details shall be valid and correct and that the credit or debit card is yours or that you have been specifically authorized by the owner of the credit or debit card to use it and that there are sufficient funds or credit facilities to cover the cost of the Products ordered.
Payment; Orders; Acceptance
Cloud + Mortar processes payments for its Sellers on Visa, MasterCard, American Express, Discover, JCB or Diners Club International and any other methods which may be provided for through the Services. Payments will be debited and cleared from your account in full at the time you place your order. We take commercially reasonable care to keep the details of your order and payment secure. However, we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data or personal information that you provide when accessing or ordering through the Services. Please review our Privacy Policy for a description of our billing practices and how we collect and use your personal information.
You are required to follow the instructions provided through the Services when purchasing a Product. All orders are subject to availability and each Seller’s acceptance of your order. Any Products in your shopping cart are not reserved and may be purchased by other users until your order is complete, accepted and processed by Cloud + Mortar.
By offering to purchase a Product you authorize Cloud + Mortar to: (i) where deemed necessary, transmit or obtain credit card information or credit report information to or from third parties solely to authenticate your identity, validate your credit or debit card, obtain an initial credit card authorization and/or authorize purchase transactions in the amount of the total purchase price for the Products that you purchase; and (ii) use your personal information that you provide to conduct appropriate anti-fraud checks. Please review our Privacy Policy for further information about how we use your personal information and data.
Until the time a Seller accepts your order, we reserve the right to refuse to process your order for any reason, including, but not limited to, the inability to obtain authorization for payment, shipping restrictions for a particular Product, the Products you order are out of stock or do not satisfy our quality control standards or are withdrawn or you do not meet the eligibility criteria set out in these Terms and Conditions. Cloud + Mortar will not be liable to you or any third party for the removal or withdrawal of any Product from the Services. Once an order is placed, you may not cancel your order. Once your order has been accepted and processed by Cloud + Mortar, you will receive a confirmation email from Cloud + Mortar acknowledging your order.
Prices
Prices shown through the Services are in US Dollars and are exclusive of taxes and delivery charges. While we try to ensure that all information and prices which appear through the Services are accurate, errors may occur. If we discover an error in the pricing of a Product you have ordered, we will attempt to notify you immediately. Cloud + Mortar will not be under any obligation to accept or fulfill an order for a Product that was advertised at an incorrect price. Cloud + Mortar reserves the right to cancel such an order that has been accepted or is in transit.
Delivery
Delivery is subject to the Terms and Conditions of each Seller. Please be sure to check the Terms and Conditions of each Seller before purchasing an item.
Returns & Exchanges.
Returns and Exchanges are subject to the Terms and Conditions of each Seller. Please be sure to check the Terms and Conditions of each Seller before purchasing an item.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO REPRESENTATIONS OR WARRANTY OF ANY KIND. CLOUD + MORTAR EXPRESSLY DISCLAIMS WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY PURPOSE, COMPATIBILITY, SECURITY AND ACCURACY, TITLE, NON-INFRINGEMENT AND ALL WARRANTIES THAT MAY ARISE FROM A COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. IN STATES AND JURISDICTIONS IN WHICH THE EXCLUSION OF WARRANTY IS PROHIBITED, SUCH EXCLUSIONS SHALL ONLY APPLY TO THE EXTENT PERMITTED.
CLOUD + MORTAR DOES NOT WARRANT, GUARANTEE, ENDORSE OR ASSUME RESPONSIBILITY FOR ANY INFORMATION, PRODUCT OR SERVICE PROVIDED, ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY LINKED THIRD PARTY WEBSITE. CLOUD + MORTAR WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND ANY LINKED THIRD PARTY WEBSITE. CLOUD + MORTAR EXPRESSLY DISCLAIMS ALL LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED THROUGH ANY SOCIAL MEDIA CHANNEL IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU SET IN SUCH SOCIAL MEDIA ACCOUNT.
CLOUD + MORTAR DOES NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; (B) THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE. YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK.
CLOUD + MORTAR ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH THE SERVICES. CLOUD + MORTAR MAKES NO REPRESENTATION THAT THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE AT LOCATIONS OUTSIDE THE UNITES STATES. ACCESS TO THE SERVICES FROM TERRITORIES WHERE SUCH SERVICES ARE ILLEGAL IS STRICTLY PROHIBITED. IF YOU ACCESS THE SERVICES FROM A LOCATION OUTSIDE THE UNITES STATES, YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL LOCAL AND OTHER APPLICABLE LAWS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CLOUD + MORTAR, ITS AFFILIATES, LICENSORS, LICENSEES, SUCCESSORS, ASSIGNS, DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON THE SERVICES; (C) THE PROVISION OF OR FAILURE TO PROVIDE SERVICES AND/OR FUNCTIONALITY OF THE SERVICES; (D) FOR ANY CONTENT, PRODUCTS OR SERVICES OBTAINED OR PURCHASED THROUGH THE SERVICES; OR (E) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF USER CONTENT, EVEN IF CLOUD + MORTAR, ITS AFFILIATES, LICENSORS, LICENSEES, SUCCESSORS, ASSIGNS, DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AND AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN STATES AND JURISDICTIONS IN WHICH LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES ARE PROHIBITED, SUCH LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CLOUD + MORTAR’S AGGREGATE LIABILITY FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE USE OF THE SERVICES OR US$100.00, WHICHEVER IS LESS.
To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Service, and no warranties shall apply after such period.
Under no circumstances will Cloud + Mortar and/or any of its affiliates, licensors, licensees, successors or assigns be responsible for any damage, loss or injury resulting from the unauthorized access or use of the services, your data or YOUR account or the information contained therein. Cloud + Mortar reserves the right at all times to disclose any information that we deem necessary to comply with any applicable law, rule, regulation, legal process or governmental request. you waive any hold harmless Cloud + Mortar and its affiliates, licensors, licensees, successors and assigns from any claims resulting from any action relating to your account or taken as a result of any such disclosure.
No part of the Services or any other materials made available through the Services is intended to offer medical advice. The Informational Content (as defined below) provided through the Services are for informational purposes only. The Informational Content is not intended to be a substitute for professional medical advice, diagnosis or treatment.
By accepting these Terms and Conditions, you expressly acknowledge and agree that the Informational Content is for informational purposes only and should not be used in place of the advice of a physician or medical professional. You should never disregard or delay medical attention or advice as a result of any Informational Content provided through the Services. Moreover, the transmission and receipt of any Informational Content, in whole or in part, or communication via the Internet, e-mail, telephone or other means, does not constitute or create a doctor-patient, therapist-patient or other healthcare professional relationship between you and Cloud + Mortar, its affiliates or third parties.
The Informational Content may periodically include fitness and athletic information. By accepting these Terms and Conditions, you expressly acknowledge and agree that certain athletic and fitness activities carry inherent and significant risks of property damage, bodily injury or death and that you voluntarily assume all known and unknown risks associated with such activities, even if caused in whole or in part by our action, inaction or negligence or by the action, inaction or negligence of others. Cloud + Mortar strongly urges that you consult with your physician or healthcare provided before beginning any new athletic and fitness activities.
While Cloud + Mortar strives and intends that the Informational Content be current and reliable, Cloud + Mortar cannot and does not make any such guarantee or warranty. Cloud + Mortar shall not be liable for your reliance on the Informational Content and Cloud + Mortar disclaims all liability in connection with such information.
For purposes of these Terms and Conditions, “Informational Content” means all medical, nutrition, fitness and general information, including, without limitation, information with respect to age, marriage, personal development and physical and mental health, provided on the Services, including, but not limited to, information provided through the website or social media channels, including all text, photographs, images, illustrations, graphics, audio, video and audio-video clips, and other materials, whether provided by Cloud + Mortar or by users of Cloud + Mortar’s Services or third parties.
Cloud + Mortar may change the Services at any time, including adding or removing features, in our sole discretion and without notice or liability. Any description of features on the Services shall not be considered to be a representation by Cloud + Mortar that such features will always be included on the Services. Cloud + Mortar may also suspend the Services at any time, in its sole discretion, and without prior notice to you. Cloud + Mortar may terminate your access to the Services at any time, including termination of your Account, without prior notice to you or liability. Accordingly, for any reason, and without notice, all or any part of the Services may become unavailable to you at any time and for any period.
If we suspend or discontinue any aspect of the Services, including the web site, or terminate your Account, Cloud + Mortar is not responsible for providing you with any information or content. Cloud + Mortar may delete your other preferences and interests to the extent stored in your Account. You have no recourse with regard to any information that Cloud + Mortar deletes regardless of any value you may ascribe to such information. We expressly disclaim any value that you may attribute to any of your information stored on our servers.
You may terminate these Terms and Conditions by ceasing to use the Services and terminating your Account.
Cloud + Mortar may, in its sole discretion, modify or revise these Terms and Conditions at any time, and you agree to be bound by such modifications or revisions. You may not modify or revise these Terms and Conditions. A revised Terms and Conditions will be effective as of the date it is posted on the Services and you agree to read and be bound by any such updated Terms and Conditions.
You agree to indemnify, defend (at our request), and hold harmless Cloud + Mortar, and its affiliates, licensors, licensees, successors and assigns and each of their respective directors, officers, shareholders, employees, agents, partners and service providers (the “Indemnified Parties”) from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Services or any element or component thereof by you or any other person accessing the Services via your Account, email account(s), social media account(s) or ISP address (including negligent or wrongful conduct); (b) your User Content; (c) your violation of any third party right; and (d) your breach of these Terms and Conditions.
Without limiting anything set out above, you hereby release each of the Indemnified Parties from all damages, claims, demands, liabilities, actions and costs of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected with these Terms and Conditions, the Privacy Policy and/or any use by you of the web site. California residents, you expressly waive California Civil Code Section 1542, which states: “A general release does not extend 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 also waive any and all benefits and rights that would otherwise accrue to you by reason of the provisions of any federal or state statute or principle of common law of any state of the United States, or any political entity, nation, or province or local law or regulation that may govern this release, which statute, regulation, law or principle provides in substance something similar to California Civil Code Section 1542.
Cloud + Mortar makes no representations that the Services are appropriate or available for use in locations outside the United States. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law. We reserve the right to limit the availability of the Services or any portion of the Services, to any person, geographic area, or jurisdiction, at any time and in our sole discretion.
THE FOLLOWING PARAGRAPHS REQUIRE YOU TO ARBITRATE MOST DISPUTES WITH CLOUD + MORTAR:
Applicability of Arbitration Agreement. All claims and disputes arising out of, relating to, or in connection with the Terms and Conditions, the Privacy Policy, the use of the Services or the purchase of any Products that cannot be resolved informally between you and Cloud + Mortar or in small claims court will be resolved by binding arbitration on an individual basis, except that you and Cloud + Mortar are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or other intellectual property infringement.
Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration will be initiated through the American Arbitration Association (“AAA”). If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms and Conditions. The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration will be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than US$10,000.00 may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is US$10,000.00 or more, the right to a hearing will be determined by the arbitral forum’s rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Additional Rules for Non-appearance Arbitration. If non-appearance arbitration is elected, the arbitration will be conducted by telephone, online, written submissions, or any combination of the three; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless the parties mutually agree otherwise.
Authority of the Arbitrator. The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and Cloud + Mortar. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will 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 Terms and Conditions. The arbitrator will 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 each of us.
Waiver of Jury Trial. YOU AND CLOUD + MORTAR WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Cloud + Mortar are instead electing to have all claims and disputes resolved by arbitration. If any litigation should arise between you and Cloud + Mortar over whether to vacate or enforce an arbitration award or otherwise, YOU AND CLOUD + MORTAR WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration and instead all claims and disputes will be resolved in a court as set forth below.
Confidentiality. No part of the procedures will be open to the public or the media. All evidence discovered or submitted at the hearing is confidential and may not be disclosed, except by written agreement of the parties, pursuant to court order, or unless required by law. Notwithstanding the foregoing, no party will be prevented from submitting to a court of law any information needed to enforce this arbitration agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
Small Claims Court. Notwithstanding the foregoing, either you or Cloud + Mortar may bring an individual action in small claims court.
Arbitration Agreement Survival. This arbitration agreement will survive the termination of your agreement with Cloud + Mortar.
Assignment; Third Party Beneficiaries: These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Cloud + Mortar without restriction. Except for person entitled to indemnification hereunder, no third party shall have any rights hereunder.
Governing Law: These Terms and Conditions shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles.
Claims or Disputes: Solely in the event of any claim or dispute between you and Cloud + Mortar that is not subject to the Arbitration provision of these Terms and Conditions, you and we agree that such claim or dispute will be brought exclusively in a court of competent jurisdiction located in San Francisco, California, USA. The prevailing party in any such claim or action shall be entitled to an award of its reasonable attorneys’ fees and costs. Cloud + Mortar’s rights and remedies hereunder are cumulative and not exclusive.
Entire Agreement: These Terms and Conditions, together with our Privacy Policy, any other agreements referred to herein and any other legal notices published by Cloud + Mortar on the Services, constitute the sole and entire agreement between you and Cloud + Mortar concerning the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services. You are responsible for reviewing any updates, amendments or modifications to these Terms and Conditions.
Severability; Waiver: If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and Cloud + Mortar’s failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
Notices: You consent to receive all communications including notices, agreements, disclosures, or other information from Cloud + Mortar electronically. Cloud + Mortar may provide all such communications by email or by posting them on the Services. For all-related inquiries, you may contact us at [email protected].