Terms of service

Terms of Service

Last Updated: January 01, 2018

1. Agreement to Terms

Welcome to Office In The Cloud  These Terms of Service (these "Terms") govern your access to and use of our website located at www.officeinthecloud.com and any services, features, content, or applications offered by Office In The Cloud (collectively, the "Services").

By accessing or using our Site or Services, you (the "User" or "you") represent and warrant that you are at least 18 years of age (or the legal age of majority in your jurisdiction) and possess the legal right and authority to enter into these Terms. If you are using our Services on behalf of a business entity, you represent and warrant that you have the authority to bind that entity to these Terms. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE OUR SITE OR SERVICES.   

 2. Description of Services

Office In The Cloud, located in Newport Beach, California, provides credit card processing solutions designed to enable businesses to efficiently and securely process payment transactions. The Services may include, but are not limited to:

Transaction processing services
Chargeback management assistance
Fraud prevention tools and services
Reporting and analytics related to payment processing
Customer support related to our processing services
We reserve the right to modify, suspend, or discontinue any aspect of our Services, in whole or in part, at any time with or without notice to you. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Services.   

 3. User Accounts and Responsibilities

To access certain features of our Services, you may be required to create an account. You are solely responsible for:   

Maintaining the confidentiality of your account login credentials, including your username and password.
All activities that occur under your account.    
Providing accurate, current, and complete information during the registration process and keeping your account information updated.
You agree to notify us immediately of any unauthorized access to or use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with these responsibilities.

4. Fees and Payment

The fees applicable to your use of the Services will be as set forth in your separate agreement with Office In The Cloud (the "Agreement"). You agree to pay all fees in accordance with the terms of your Agreement.

We reserve the right to suspend or terminate your access to the Services if any fees are not paid in a timely manner or if you otherwise breach the terms of your Agreement or these Terms. You are responsible for any costs incurred by us in collecting overdue amounts.

5. Intellectual Property Rights

The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Office In The Cloud, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.   

 These Terms permit you to use the Site and Services for your legitimate business purposes in accordance with your Agreement. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as generally and ordinarily permitted through the Site according to these Terms.   

 6. Prohibited Uses

You agree not to use the Site or Services for any unlawful purpose or in any way that violates these Terms or any applicable federal, state, local, or international law or regulation. You further agree not to:

Engage in any activity that interferes with or disrupts the operation of the Site or Services.
Attempt to gain unauthorized access to any portion of the Site or Services, or any other systems or networks connected to the Site or Services.    
Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.    
Transmit any viruses, worms, or other malicious code.    
Engage in any activity that could damage, disable, overburden, or impair the Site or Services.
7. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OFFICE IN THE CLOUD, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF OFFICE IN THE CLOUD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.   

 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF OFFICE IN THE CLOUD TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SITE OR SERVICES SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO OFFICE IN THE CLOUD FOR THE SERVICES IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.   

8. Indemnification

You agree to defend, indemnify, and hold harmless Office In The Cloud, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Site or Services, including, but not limited to, your User Contributions, any use of the Site's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Site.   

 9. Governing Law and Dispute Resolution   

 These Terms and any dispute or claim arising out of or relating to them, their subject matter, or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.   

 Any legal suit, action, or proceeding arising out of or relating to these Terms or the Services shall be instituted exclusively in the state or federal courts located in Orange County, California, and you irrevocably submit to the personal jurisdiction of such courts.   

 10. Amendments to Terms

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Site and Services thereafter. Your continued use of the Site or Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page periodically so you are aware of any changes, as they are binding on you.   

 11. Termination

We may terminate or suspend your access to all or part of the Site or Services, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Site and Services will cease immediately.   

 12. Entire Agreement

These Terms, together with your Agreement with Office In The Cloud, constitute the entire agreement between you and Office In The Cloud with respect to the Site and Services and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and Office In The Cloud.   

13. Contact Us

If you have any questions or concerns about these Terms of Service, please contact us through our website at www.officeinthecloud.com