Terms of Service
Last updated and effective as of: September 6, 2019
2\. Your Use of the Platform.
2.1. Access to the Platform. We provide you the right to access and use the Platform, subject to your compliance with these Terms. By continuing to access or use the Platform in any way, you acknowledge and agree to these Terms. If you do not agree with these Terms at any time, you may not continue to use or access the Platform. 2.2. Contenttent on the Platform. All information, data, text, graphics, images and materials made available on the Platform (collectively, “Content”) is intended for general information purposes and personal use only and should not be relied upon by you as specific advice of any kind.
3\. User Submitted Content.
4\. Linked Websites and Apps.
5\. Modifications to the Platform.
5.1. Platform Modifications and Limitations. We reserve the right to modify or discontinue all or any part of the Platform, including any or all Content therein or services offered through the Platform, at any time without providing notice to you. We may also impose rules for or limits on your use of the Platform or restrict your access to the Platform, in whole or in part, without notice. We have the right, at our sole discretion, to change any rules or limitations at any time. 5.2. Errors. Content on the Platform may contain typographical errors or other errors, inaccuracies or deficiencies and may not be complete, accurate or up to date. We reserve the right to revoke any stated offer, correct any error, deficiency, omission or inaccuracy on the Platform, but we do not guarantee that any errors, deficiencies omissions or inaccuracies on the Platform will be corrected.
6\. Orders Placed Through the Platform.
6.1. Applicability. The terms in this Section 7 apply only to users who place an order for our products (collectively, “Products”) through the Platform (each, an “Online Order”). 6.2. Eligibility. You may browse our Products on the Platform as a guest, but to order any Products through the Platform you must be age 18 or older in order to place Online Orders. 6.3. Registration. To set up an account to place Online Orders on the Platform, you must provide us with certain information about you—specifically: your full name, e mail address, and phone number, and you must specify a password; or, alternatively log in to your PayPal or Amazon Pay account to complete an Online Order. To place an Online Order for our Products, you must also provide a shipping address. You agree to provide us with accurate and complete information requested in the registration process and/or Online Order process, and to inform us of any updates to such information on an ongoing basis to keep it accurate and complete. You agree to register for only one Sand Cloud account and agree to keep your password confidential and not share it with anybody else. 6.4. Responsibility for Your Account. You are solely responsible for any authorized or unauthorized access to or use of your account by any person, and for all charges incurred on the Platform for any Online Order made through your account. You agree to notify Sand Cloud promptly (at the contact information set forth in Section 20 of these Terms) regarding any unauthorized access to or use of your account. You further agree that you will remain liable for any charges for any Online Order incurred on the Platform through your account until you so notify us. 6.5. Termination of Your Account. We reserve the right to suspend or terminate your Online Order account at any time, with or without notice to you. You may terminate your account at any time by notifying Sand Cloud in accordance with Section 20 of these Terms. We reserve the right to collect, and you shall be liable for, payment of any fees and charges incurred through your account before it is terminated. 6.6. Placing Orders. By submitting an Online Order (i.e., by clicking “Complete order” in the checkout process), you offer to purchase the Product(s) specified in your order. We may accept or reject your offer in our sole discretion. If accepted, we reserve the right to cancel your Online Order, in whole or in part, at any time thereafter in our sole discretion. 6.7. Payment Card Terms. At the time of checkout, you must provide an accurate and complete credit card or debit card number and the associated expiration date. You represent and warrant to Sand Cloud that your use of any credit card or debit card is authorized and lawful. We currently accept Visa, MasterCard, American Express, and Discover credit cards, debit cards that have a Visa or MasterCard logo, Paypal, Amazon Pay, and Afterpay. You authorize us to charge your credit card or debit card upon your submission of any completed Online Order to us. We may use third party service providers to process your payment for any Online Order. 6.8. Prices, Fees and Other Charges. 6.8.1. We may charge a non refundable shipping fee for any Online Order for our Products. Such fee, if any, will be included in the final total charged for the order. 6.8.2. In addition, all applicable governmental fees and taxes (such as sales taxes) will be included in the final total amount of each Online Order. 6.8.3. Please note that prices of our Products are subject to change without notice. We also reserve the right to add or change any of the fees or other charges applicable to Online Orders at any time (provided that any such change would be effective prospectively). 6.9. Payment Terms. Your payment of the final total amount for the Online Order (including all applicable fees, taxes, and charges) is due and payable upon your submission of the order (i.e., when you click “Complete order” in the checkout process), provided that we accept your order. You authorize Sand Cloud (or its designee) to make such charge to the credit card or debit card that you submit during the Online Order submission process. You acknowledge that if we cannot collect the applicable charge for any reason, we may elect to turn the matter over to a collections agency. 6.10. No Refunds. We have no obligation to provide refunds or credits, but may grant them, in each case, consistent with our returns policy, located at www.sandcloud.com/pages/customer-support/#support-tab=3. 6.11. Product Descriptions. We will attempt to update information regarding our Products as promptly as possible. However, please note that we are not responsible for any inaccuracy, incompleteness, deficiency, or misstatement in any such information, or any delay in the posting of any such information, or any changes to such information. Upon the fulfillment of your Online Order, you should read the information about all of the Products in your order and contact us if you have any questions or concerns about any such Product or information.
7\. User Limitations and Prohibited Activities.
7.1. Limitations on Use of Platform. As a condition of using or accessing the Platform, you agree to the following: 7.1.1. You will follow all these Terms and all applicable laws, rules, and regulations, and will not engage or encourage actions that may or actually give rise to civil liability or violations of any law; 7.1.2. You will use the Platform and all Content available therein for general informational and personal use only; and 7.1.3. You will provide only truthful, complete and accurate information. 7.2. Prohibited Activities on Platform. As a condition of your access to or use of the Platform, you further agree not to and agree not to attempt to do or allow a third party to do or attempt to do any of the following: 7.2.1. publish, distribute, modify, transmit, display or create derivative works from or otherwise exploit in any manner any of the Content available on the Platform; 7.2.2. send, email, transmit or transfer to or through the Platform anything that may violate any rights of any third party, including any copyright, trademark, privacy, or other personal or proprietary right, or otherwise transfer any material or information that is obscene or potentially or actually offensive based on racial, ethnic, sexual or any other grounds or may otherwise be unlawful, harmful, abusive, harassing, harmful, tortious, distasteful, vulgar, or otherwise objectionable or is or may be libelous, defamatory, invasive of another person’s privacy or proprietary rights; 7.2.3. impersonate another person; 7.2.4. harass, threaten or abuse any other person through the Platform; 7.2.5. decompile, disassemble or otherwise reverse engineer or attempt to reconstruct or discover any source code, underlying ideas, algorithms, file formats, programming of the software forming part of the Platform or the Content or any files contained in or generated by the Platform by any means whatsoever; 7.2.6. probe, scan or otherwise test the vulnerability of the Platform or Sand Cloud systems or network or breach any security or authentication measures or policies without proper authorization; 7.2.7. access the Platform with any data extraction, mining, scraping or other data gathering tools or otherwise collect, store, scrape or use any Content from the Platform; 7.2.8. remove any Product identification, copyright or other notices from the Platform or within the Content; 7.2.9. jeopardize or interfere with the functionality or the operation of any part of the Platform or otherwise disrupt the Platform or servers or networks connected to the Platform or disobey any requirements, policies, procedures or regulations or network connected to the Platform; 7.2.10. intercept or access any information transmitted to or from us or the Platform which is not intended by us to be received by you; or 7.2.11. distribute any material containing viruses or any other destructive materials or data or code which may corrupt, interfere with, jeopardize, disrupt, disable, harm or otherwise impede in any manner the operation of any computer system, hardware or software. 7.3. Subject to the further provisions of these Terms, the Platform may only be used by you for lawful purposes and shall not extend to the use of the source code of the Platform or any Content.
8\. Intellectual Property Rights.
8.1. Copyright. The Platform and all Content are protected by copyright, owned by Sand Cloud or licensed from the copyright owner. You agree to not engage in the use, copying, or distribution of any of the Platform or Content other than as expressly permitted in these Terms, including any use, copying or distribution of Content of third parties obtained through the Platform for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. Any reproduction, modification, creation of derivative works from or redistribution of the Platform, the Content, or the collective work or compilation is expressly prohibited. Copying or reproducing the Platform, the Content, or any portion thereof to any other server or location for further reproduction or redistribution is expressly prohibited and a violation of the copyright of Sand Cloud or the applicable third party. Permission for all uses of Platform or any Content that are not expressly authorized under these Terms must be obtained from Sand Cloud in writing prior to any such use. 8.2. Trademarks. All trademarks, service marks, logos and trade names on the Platform, registered and unregistered, are proprietary to Sand Cloud or to other entities. You may not reproduce, display or otherwise use any such trademarks, service marks, logos or trade names without the prior written consent of Sand Cloud or the appropriate owner thereof. All design rights, compilation rights, and similar intellectual property rights in and to the Platform, whether registered or unregistered, and related goodwill are owned exclusively by and are proprietary to Sand Cloud or its licensors. 8.3. Your Limited License. Except as otherwise expressly provided in these Terms, your use of the Platform does not grant you a license to any Content on the Platform. You shall not modify, rent, lease, loan, sell, distribute or create derivative works of such Content, features or materials, in whole or in part. Any commercial use of the Platform is strictly prohibited, except as allowed under these Terms or otherwise approved in advance and in writing by Sand Cloud. You may not download or save a copy of any of the Content or screens for any purpose except as otherwise approved by Sand Cloud. If you use of the Platform in any manner other than the manner as provided herein, you may violate copyright and other laws of the United States, other countries, as well as applicable state and local laws and may be subject to liability for such unauthorized use. Sand Cloud does not grant any license or other authorization to any user of Sand Cloud trademarks, registered trademarks, service marks, other copyrightable material or any other intellectual property by including them on the Platform. 8.4. Reservation of Rights. All rights not expressly granted to you herein are hereby reserved by Sand Cloud.
9\. Copyright Notice.
If you believe any Content (or any other material) available on the Platform infringes a copyright owned or controlled by you, you may file a notification of such infringement with email@example.com. Please include the following information with your notification: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed upon; (c) a description of where the material that you claim is infringing is located on the site; (d) your address, telephone number, and e mail address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
11\. Indemnity from You.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU ACKNOWLEDGE THAT YOU ARE PERSONALLY RESPONSIBLE FOR YOUR ACTIONS ON THE PLATFORM AND AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS SAND CLOUD AND OUR AFFILIATES, AS WELL AS OUR AND THEIR RESPECTIVE SUCCESSORS, ASSIGNS, DIRECTORS, OFFICERS, AGENTS, REPRESENTATIVES, AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS, PENALTIES, FEES, OR EXPENSES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) THAT MAY BE INCURRED, DIRECTLY OR INDIRECTLY, IN CONNECTION WITH YOUR ACCESS TO OR USE OF THE PLATFORM OR THE CONTENT, YOUR VIOLATION OF ANY OF THESE TERMS, OR YOUR VIOLATION OF ANY THIRD PARTY RIGHTS. Notwithstanding anything to the contrary herein, your obligations in this Section do not apply to any claims, damages, obligations, losses, liabilities, costs, penalties, fees, or expenses of any kind to the extent arising from any act or omission of Sand Cloud or any of our affiliates.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE PLATFORM AND ALL CONTENT PROVIDED ON THE PLATFORM, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS OR ENDORSEMENTS OR ANY KIND. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, SAND CLOUD DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON INFRINGEMENT. SAND CLOUD DOES NOT WARRANT THAT ACCESS TO THE PLATFORM WILL BE UNINTERRUPTED, ERROR FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED OR THAT THE PLATFORM OR ANY CONTENT WILL BE FREE OF VIRUSES, TROJANS OR ANY OTHER HARMFUL COMPONENTS. YOUR ACCESS TO AND USE OF THE PLATFORM IS AT YOUR OWN RISK. SAND CLOUD DOES NOT ASSUME ANY RESPONSIBILITY FOR ERRORS OR OMISSIONS WITH RESPECT TO THE PLATFORM OR ANY CONTENT ON THE PLATFORM, AND DOES NOT COMMIT TO MAKE ANY UPDATES TO THE PLATFORM OR ANY SUCH CONTENT. YOUR SOLE AND EXCLUSIVE REMEDY FOR ISSUES RELATING TO YOUR USE OF THE PLATFORM OR ANY CONTENT ON THE PLATFORM IS TO DISCONTINUE USE OF THE PLATFORM AND ANY SUCH CONTENT. To the extent that applicable law does not allow such a limitation of implied warranties, some or all of the limitations or exclusions in this Section 13 may not apply to you.
13\. Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, NONE OF SAND CLOUD OR ANY OF ITS AFFILIATES SHALL BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES, OR ANY LOST PROFITS OR LOST REVENUES ARISING FROM YOUR USE OF OR INABILITY TO USE THE PLATFORM OR ANY OF THE CONTENT, EVEN IF SAND CLOUD OR ANY OF ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. YOUR SOLE AND EXCLUSIVE REMEDY IF YOU ARE DISSATISFIED WITH THE PLATFORM OR ANY CONTENT IS TO DISCONTINUE YOUR USE OF THE PLATFORM AND ANY CONTENT. To the extent that applicable law does not allow such a limitation or exclusions for damages, some or all of the limitations or exclusions in this Section 14 may not apply to you.
14\. Governing Law.
Any claim, dispute or cause of action arising from these Terms or any use of the Platform (“Dispute”) shall be governed and construed in accordance with the laws of the State of California, without reference to any conflicts of law provisions therein.
15\. Dispute Resolution; Class Action Waiver
15.1. YOUR AGREEMENT TO ARBITRATE YOUR CLAIMS. YOU SHOULD CAREFULLY REVIEW THIS SECTION 16. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS EXCEPT FOR MATTERS THAT YOU FILE IN SMALL CLAIMS COURT IN THE STATE OR MUNICIPALITY OF YOUR RESIDENCE WITHIN THE JURISDICTIONAL LIMITS OF THE SMALL CLAIMS COURT AND AS LONG AS SUCH MATTER IS ONLY PENDING IN THAT COURT. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY. YOU ARE ENTITLED TO A FAIR HEARING BUT THE ARBITRATION PROCEDURES MAY BE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. AN ARBITRATOR’S DECISION IS AS ENFORCEABLE AS ANY COURT ORDER AND IS SUBJECT TO A VERY LIMITED REVIEW BY A COURT. YOU EXPRESSLY AGREE TO THIS SECTION 16 AS A CONDITION OF ACCESSING OR USING THE PLATFORM OR ANY CONTENT. 15.2. Informal Dispute Procedures. For any Dispute you have with Sand Cloud or concerning these Terms, you agree to first contact us at firstname.lastname@example.org or 619-693-8397 and to attempt to resolve such Dispute informally. 15.3. AAA Arbitration. In the unlikely event that we are unable to resolve any Dispute you bring to our attention after sixty (60) days, and for any other Dispute we raise, you and Sand Cloud agree that, except where prohibited by law, all Disputes shall be resolved individually and exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator, all pursuant to the AAA Consumer Arbitration Rules (collectively, the “AAA Rules”). For more information on the AAA, the AAA Rules, or the process for filing an arbitration claim, you may call the AAA at 800.778.7879 or visit the AAA website at http://www.adr.org. 15.4. No Class Actions or Class Wide Relief. You and Sand Cloud agree to the following with respect to the arbitration of any Dispute hereunder: (a) ANY CLAIM MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (b) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING AND MAY NOT AWARD CLASS-WIDE RELIEF; (c) the arbitration will be held at a location in your hometown area unless you and we both agree to another location or telephonic arbitration; (d) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation; (e) we reserve the right, in our sole discretion, to assume responsibility for any or all of the costs of the arbitration; (f) the arbitrator will honor claims of privilege and privacy recognized at law; (g) the arbitration will be confidential, and neither you nor we may disclose the existence, content, or results of any arbitration, except as may be required by applicable law or for purposes of enforcement of the arbitration award; (h) the arbitrator may award any individual relief or individual remedies that are expressly permitted by applicable law; and (i) each party will pay its own attorneys’ fees and expenses, unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses and the arbitrator awards such attorneys’ fees and expenses to the prevailing party, and, in such instance, the fees and costs awarded will be determined by the applicable law. ANY RIGHT TO A TRIAL BY JURY, WHETHER ON AN INDIVIDUAL OR A CLASS BASIS, IS HEREBY WAIVED. 15.5. Survival. This Section 16 will survive termination of these Terms or your right to access or use the Platform. With the exception of the subpart prohibiting arbitration on a class or collective basis, if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the AAA Rules, then the balance of this provision will remain in effect and will be construed in accordance with its terms as if the invalid, unenforceable, illegal, or conflicting part was not contained herein. If for any reason a claim proceeds in court rather than in arbitration, the Dispute will be exclusively brought in federal court if it has jurisdiction or, if it does not, in a state court located in the federal judicial district of your residence.
16\. Claims to Be Brought Within One Year.
Any claim or cause of action you may have with respect to the Platform or Content, including without limitation your ability to access or use the Platform, must be commenced within one (1) year after the claim or cause of action arose.
17\. Notice to California Customers.
The provider of the Platform is Sand Cloud Holdings, LLC, which has the following mailing address and telephone number: Sand Cloud Holdings LLC, 4629 Cass St., Suite 52, San Diego, CA 92109, Attn: Legal and 619-693-8397. For a description of the charges to use the Product ordering service that we provide through this Platform, please refer to Section 7 of these Terms. If you have a question or complaint regarding this Platform or any service available through this Platform, please send a letter to us at the address in the previous attention, to the attention of “Online Customer Service Representative”. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210.
Notices to you by Sand Cloud may be made via either e-mail or regular mail. We may also provide notices of changes to these Terms or other matters by displaying notices or links to notices to you on the Platform.
19\. General Terms.
19.1. No Joint Venture or Agency Relationship. You agree that your use of the Platform does not create any joint venture, partnership, employment or agency relationship between you and Sand Cloud. 19.2. No Implied Waiver. Any failure of Sand Cloud to exercise or enforce any rights or provisions of these Terms shall not constitute a waiver of such right or provision. 19.3. Headings. All headings provided in this Agreement are for convenience only and shall not affect the interpretation of this Agreement. 19.4. Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you. Any assignment or transfer by you shall be null and void. Sand Cloud may assign these Terms without restriction. These Terms shall inure to the benefit of and be binding upon Sand Cloud successors and assigns. 19.5. Interpretation. If any provision of these Terms is found by a court of competent jurisdiction or arbitrator to be invalid or inapplicable, the parties nevertheless agree that the court or arbitrator should endeavor to give effect to the parties’ intentions as reflected in the provision, and other provisions of these Terms remain in full force and effect. 19.6. Severability. If any term or provision of these Terms is declared unlawful, void, or unenforceable for any reason by any court or arbitrator in any jurisdiction, then such term or provision will be deemed severable from the remaining terms or provisions in such jurisdiction and will not affect the validity and enforceability of such remaining terms or provisions in these Terms. 19.7. Entire Agreement. These Terms constitute the entire agreement between you and Sand Cloud with respect to your access or use of the Platform and supersede any prior agreements or understanding between you and Sand Cloud.
20\. Contact Information