Cloud Hybrid Technologies LLC and/or its affiliates (“Cloud Hybrid”) provide website features and other products and services to Customer when Customer visit or shop at Cloud Hybrid, use Cloud Hybrid products or services, use Cloud Hybrid applications for mobile, or use software provided by Cloud Hybrid in connection with any of the foregoing (collectively, “Cloud Hybrid Services”). Cloud Hybrid provides the Cloud Hybrid Services subject to the following conditions.

By using Cloud Hybrid Services, Customer agree to these conditions. Please read them carefully.

We offer a wide range of Cloud Hybrid Services, and sometimes additional terms may apply. When Customer use a Cloud Hybrid Service, Customer also will be subject to the guidelines, terms and agreements applicable to that Cloud Hybrid Service (“Service Terms”). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.

PRIVACY

Please review our Privacy Notice, which also governs Customer use of Cloud Hybrid Services, to understand our practices.

ELECTRONIC COMMUNICATIONS

When Customer use any Cloud Hybrid Service, or send e-mails, text messages, and other communications from Customer desktop or mobile device to us, Customer are communicating with us electronically. Customer consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Cloud Hybrid Services, such as our Message Center, and Customer can retain copies of these communications for Customer records. Customer agree that all agreements, notices, disclosures, and other communications that we provide to Customer electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included in or made available through any Cloud Hybrid Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Cloud Hybrid or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Cloud Hybrid Service is the exclusive property of Cloud Hybrid and protected by U.S. and international copyright laws.

TRADEMARKS

Graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Cloud Hybrid Service are trademarks or trade dress of Cloud Hybrid in the U.S. and other countries. Cloud Hybrid’ trademarks and trade dress may not be used in connection with any product or service that is not Cloud Hybrid’, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Cloud Hybrid. All other trademarks not owned by Cloud Hybrid that appear in any Cloud Hybrid Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Cloud Hybrid.

PATENTS

One or more patents owned by Cloud Hybrid apply to the Cloud Hybrid Services and to the features and services accessible via the Cloud Hybrid Services. Portions of the Cloud Hybrid Services operate under license of one or more patents.

LICENSE AND ACCESS

Subject to Customer compliance with these Conditions of Use and Customer payment of any applicable fees, Cloud Hybrid or its content providers grant Customer a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Cloud Hybrid Services. This license does not include any resale or commercial use of any Cloud Hybrid Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Cloud Hybrid Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to Customer in these Conditions of Use or any Service Terms are reserved and retained by Cloud Hybrid or its licensors, suppliers, publishers, rightsholders, or other content providers. No Cloud Hybrid Service, nor any part of any Cloud Hybrid Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Cloud Hybrid. Customer may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, or form) of Cloud Hybrid without express written consent. Customer may not use any meta tags or any other “hidden text” utilizing Cloud Hybrid ’ name or trademarks without the express written consent of Cloud Hybrid. Customer may not misuse the Cloud Hybrid Services. Customer may use the Cloud Hybrid Services only as permitted by law. The licenses granted by Cloud Hybrid terminate if Customer do not comply with these Conditions of Use or any Service Terms.

CUSTOMER ACCOUNT

If Customer use any Cloud Hybrid Service, Customers are responsible for maintaining the confidentiality of Customer account and password and for restricting access to Customer computer, and Customer agree to accept responsibility for all activities that occur under Customer account or password. Cloud Hybrid does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If Customers are under 18, Customer may use the Cloud Hybrid Services only with involvement of a parent or guardian. Cloud Hybrid reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. Customer may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Cloud Hybrid reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If Customer do post content or submit material, and unless we indicate otherwise, Customer grant Cloud Hybrid a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. Customer grant Cloud Hybrid and sublicensees the right to use the name that Customer submit in connection with such content, if they choose. Customer represent and warrant that Customer own or otherwise control all of the rights to the content that Customer post; that the content is accurate; that use of the content Customer supply does not violate this policy and will not cause injury to any person or entity; and that Customer will indemnify Cloud Hybrid for all claims resulting from content Customer supply. Cloud Hybrid has the right but not the obligation to monitor and edit or remove any activity or content. Cloud Hybrid takes no responsibility and assumes no liability for any content posted by Customer or any third party.

COPYRIGHT COMPLAINTS

Cloud Hybrid respects the intellectual property of others.

RETURNS & REFUNDS

Cloud Hybrid offers our customers a 30-day, no questions asked return/refund/exchange policy for merchandise purchased at cloudhyb.com. If you are not completely satisfied with your purchase, simply call us at 1-(302) 927-8000/ 1-(214) 764-3890/ 1-(720) 251-2260 (or) email us at refunds@cloudhyb.com within 30 days of the purchase date. If the customer is not satisfied, Cloud Hybrid offer 30-day money back guarantee.

PRODUCT DESCRIPTIONS

Cloud Hybrid attempts to be as accurate as possible. However, Cloud Hybrid does not warrant that product descriptions or other content of any Cloud Hybrid Service is accurate, complete, reliable, current, or error-free. If a product offered by Cloud Hybrid and/or its affiliates itself is not as described, Customer’s sole remedy is to return it in unused condition.

PRICING

With respect to items sold by Cloud Hybrid, we cannot confirm the price of an item until Customer order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Cloud Hybrid is higher than our stated price, we will, at our discretion, either contact Customer for instructions before cancelling Customer order and notify Customer of such cancellation. Other merchants may follow different policies in the event of a mispriced item.

APP PERMISSIONS

When Customer use apps created by Cloud Hybrid , such as the Cloud Hybrid App, Cloud Hybrid Shopping App, Customer may grant certain permissions to us for Customer device. Most mobile devices provide Customer with information about these permissions.

CLOUD HYBRID SOFTWARE TERMS

In addition to these Conditions of Use, the terms apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to Customer from time to time for Customer use in connection with Cloud Hybrid Services (the “Cloud Hybrid Software”).

OTHER BUSINESSES

Parties other than Cloud Hybrid provide services, or sell product lines through the Cloud Hybrid Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Cloud Hybrid does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. Customer should carefully review their privacy statements and other conditions of use.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

The Cloud Hybrid Services and all information, content, materials, products (including software) and other services included on or otherwise made available to customer through the Cloud Hybrid services are provided by Cloud Hybrid on an “as is” and “as available” basis, unless otherwise specified in writing. Cloud Hybrid makes no representations or warranties of any kind, express or implied, as to the operation of the Cloud Hybrid services, or the information, content, materials, products (including software) or other services included on or otherwise made available to customer through the Cloud Hybrid services, unless otherwise specified in writing. Customer expressly agree that customer use of the Cloud Hybrid services is at customer sole risk.

To the full extent permissible by applicable law, Cloud Hybrid disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Cloud Hybrid does not warrant that the Cloud Hybrid services, information, content, materials, products (including software) or other services included on or otherwise made available to customer through the Cloud Hybrid services, Cloud Hybrid’s servers or electronic communications sent from Cloud Hybrid are free of viruses or other harmful components. Cloud Hybrid will not be liable for any damages of any kind arising from the use of any Cloud Hybrid service, or from any information, content, materials, products (including software) or other services included on or otherwise made available to customer through any Cloud Hybrid service, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to customer, some or all of the above disclaimers, exclusions, or limitations may not apply to customer, and customer might have additional rights.

DISPUTES

Any dispute or claim relating in any way to Customer use of any Cloud Hybrid Service, or to any products or services sold or distributed by Cloud Hybrid or through Cloud Hybrid will be resolved by binding arbitration, rather than in court, except that Customer may assert claims in small claims court if Customer claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.

To begin an arbitration proceeding, Customer must send a letter requesting arbitration and describing Customer claim to our general council Denver, Colorado The Pavilion Towers, Tower One
2851 S Parker Rd. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Cloud Hybrid will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. Customer may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where Customer live or at another mutually agreed location.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that Customer or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

APPLICABLE LAW

By using any Cloud Hybrid Service, Customer agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Washington, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between Customer and Cloud Hybrid.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies posted on this site. These policies also govern Customer use of Cloud Hybrid Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

OUR ADDRESS

Cloud Hybrid Technologies LLC
Denver, Colorado
The Pavilion Towers, Tower One
2851 S Parker Rd
Suite 1-0050
Aurora, CO 80014
United States
http://www.cloudhyb.com

How to Serve a Subpoena

If Customer have a subpoena to serve on Cloud Hybrid, please note that Cloud Hybrid does not accept service via e-mail or fax and will not respond to the subpoena. All subpoenas must be properly served on Cloud Hybrid, preferably by mailing the subpoena with signature confirmation to Cloud Hybrid’ office location below:

Cloud Hybrid Technologies LLC
Denver, Colorado
The Pavilion Towers, Tower One
2851 S Parker Rd
Suite 1-0050
Aurora, CO 80014
United States
Attn: Legal Department – Subpoena

Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of Customer request. That information will include, for example, e-mail and/or credit card number used to make purchases for retail purchase information; the name, e-mail.

Notice and Procedure for Making Claims of Copyright Infringement

If Customer believe that Customer work has been copied in a way that constitutes copyright infringement, please submit the complaint using physical mail with signature confirmation to Cloud Hybrid’ office location below (Please note that Cloud Hybrid does not accept service via e-mail or fax and will not respond to the complaint):

Cloud Hybrid Technologies LLC
Denver, Colorado
The Pavilion Towers, Tower One
2851 S Parker Rd
Suite 1-0050
Aurora, CO 80014
United States

We respond quickly to the concerns of rights owners about any alleged infringement.
If Customer prefer to submit a report in writing, please provide us with this information:
• A act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that Customer claim has been infringed upon;
• A description of where the material that Customer claim is infringing is located on the site;
• Customer address, telephone number, and e-mail address;
• A statement by Customer that Customer have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement by Customer, made under penalty of perjury, that the above information in Customer notice is accurate and that Customer are the copyright owner or authorized to act on the copyright owner’s behalf.

Cloud Hybrid’ Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:

Cloud Hybrid Technologies LLC
Denver, Colorado
The Pavilion Towers, Tower One
2851 S Parker Rd
Suite 1-0050
Aurora, CO 80014
United States

Please note that this procedure is exclusively for notifying Cloud Hybrid that Customer copyrighted material has been infringed.

Additional Cloud Hybrid Software Terms

1. Use of the Cloud Hybrid Software. Customer may use Cloud Hybrid Software solely for purposes of enabling Customer to use and enjoy the Cloud Hybrid Services as provided by Cloud Hybrid, and as permitted by the Conditions of Use, these Software Terms and any Service Terms. Customer may not incorporate any portion of the Cloud Hybrid Software into Customer own programs or compile any portion of it in combination with Customer own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Cloud Hybrid Software or otherwise assign any rights to the Cloud Hybrid Software in whole or in part. Customer may not use the Cloud Hybrid Software for any illegal purpose. We may cease providing any Cloud Hybrid Software and we may terminate Customer right to use any Cloud Hybrid Software at any time. Customer rights to use the Cloud Hybrid Software will automatically terminate without notice from us if Customer fail to comply with any of these Software Terms, the Conditions of Use or any other Service Terms. Additional third party terms contained within or distributed with certain Cloud Hybrid Software that are specifically identified in related documentation may apply to that Cloud Hybrid Software (or software incorporated with the Cloud Hybrid Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in any Cloud Hybrid Service is the property of Cloud Hybrid or its software suppliers and protected by United States and international copyright laws.

2. Use of Third Party Services. When Customer use the Cloud Hybrid Software, Customer may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Customer use of these third-party services may be subject to the separate policies, terms of use, and fees of these third parties.

3. No Reverse Engineering. Customer may not, and Customer will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Cloud Hybrid Software, whether in whole or in part, or create any derivative works from or of the Cloud Hybrid Software.

4. Updates. In order to keep the Cloud Hybrid Software up-to-date, we may offer automatic or manual updates at any time and without notice to Customer.

5. Export Regulations; Government End Users. Customer must comply with all export and re-export restrictions and regulations of the Department of Commerce and other United States agencies and authorities that may apply to the Cloud Hybrid Software. If Customer are a U.S. Government end user, we are licensing the Cloud Hybrid Software to Customer as a “Commercial Item” as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant Customer to the Cloud Hybrid Software are the same as the rights we grant to all others under these Conditions of Use