Terms & Conditions

PLEASE READ THIS DOCUMENT CAREFULLY

Last Updated: Tuesday, August 27, 2024

1. Terms

By accessing Unclouded Career Services’ website, you are agreeing to be bound by these Terms of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in Unclouded Career Services’ website are protected by applicable copyright and trademark law. 

2. Use License

1. Permission is granted to view downloadable materials on Unclouded Career Services’ website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

   1. modify or copy the materials;

   2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);

   3. attempt to decompile or reverse engineer any software contained on Unclouded Career Services’ website;

   4. remove any copyright or other proprietary notations from the materials; or

   5. transfer the materials to another person or ‘mirror’ the materials on any other server.

2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Unclouded Career Services at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format. 

3. Disclaimer

The materials on Unclouded Career Services’ website are provided ‘as is.’ Unclouded Career Services makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Unclouded Career Services does not warrant or make any representations concerning the accuracy, likely results, or reliability of the coaching sessions, content provided during sessions, use of the materials on its website or otherwise relating to such materials or on any websites linked to this website.

You hereby agree to indemnify and hold harmless the releases from any loss, liability, damage or costs, including court costs and attorney fees, that may incur­ in the services provided by Unclouded Career Services, whether caused by negligence of releases or otherwise.

Furthermore, you hereby acknowledge that, when signing up for any package, you affirm and understand that this is partnership and your success is dependent on your openness and willingness to do the work involved. You also acknowledge that you’ve read the refund and cancellation policy and fully understand it.

4. Limitations

In no event shall Unclouded Career Services be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Unclouded Career Services’ website, even if Unclouded Career Services or an authorized of Unclouded Career Services has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you. 

5. Revisions and Errata

The materials appearing on Unclouded Career Services’ website may include technical, typographical, or photographic errors. Unclouded Career Services does not warrant that any of the materials on its website are accurate, complete, or current. Unclouded Career Services may make changes to the materials contained on its website at any time without notice. Unclouded Career Services does not, however, make any commitment to update the materials. 

6. Links

Unclouded Career Services has not reviewed all of the external websites linked to its website and is not responsible for the contents of any such linked external website. The inclusion of any link does not imply endorsement by Unclouded Career Services of the external website. Use of any such linked external website is at the user’s own risk. 

7. Site Terms of Use Modifications

Unclouded Career Services may revise these Terms of Use for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these Terms of Use. 

8. Governing Law

Any claim relating to the Unclouded Career Services website shall be governed by the laws of Unclouded Career Services’ home jurisdiction without regard to its conflict of law provisions. 

This document sets out the terms for use of the Unclouded Career Services’ website. It governs our Video Courses, Content provided in “Group Sessions”, “1:1 Personalized Coaching Calls” and our end users (“Clients”), collectively (“You” or “Users”). Unclouded Career Services is committed to transparency, which includes providing a Terms of Use that is understandable and written in plain language. Because this document represents our agreement with You about Your use of our website, please take the time to read this document.

Our Terms of Use (“Terms” or “Agreement”) also includes our Privacy Policy and Cookies Policy and any other documents referred to by those agreements, and they, as a whole, govern any and all of the access to the Unclouded Career Services website, whether You are a visitor, guest, client, etc.

By using the Unclouded Career Services website in any manner You are expressly agreeing to, and give Your consent to be governed by, these Terms. If You do not agree with these Terms or You do not wish to be bound by these Terms, You must not use the Unclouded Career Services website or any services provided by Unclouded Career Services in any manner.

You assume full responsibility for the disclosure and use of any other personal information You choose to disclose to Unclouded Career Services.

You further hereby agree to indemnify and hold harmless the releases from any loss, liability, damage or costs, including court costs and attorney fees, that may incur­ in the services provided by Unclouded Career Services, whether caused by negligence of releases or otherwise. 

A. Age of Access

You must be at least 18 years old to use the Unclouded Career Services website, or, if You are between the ages of 13 and 18, You must have your parent or guardian’s permission to use the Unclouded Career Services website. By using the Unclouded Career Services website, You are telling us by your actions that You have obtained that permission (You are ‘representing’ and ‘warranting’ that You have obtained the appropriate permissions to use our site). IF YOU ARE UNDER THE AGE OF 13 YOU MAY NOT USE THE UNCLOUDED CAREER SERVICES WEBSITE IN ANY MANNER NOR MAY YOU REGISTER FOR AN ACCOUNT. 

B. License to Clients

You will not try to reproduce the Unclouded Career Services website (legally that’s known as engaging in activity that would reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the site). You also agree that in exchange for this license You will not engage in any activity that would interfere with or damage or harm Unclouded Career Services. All rights not expressly granted by Unclouded Career Services are reserved. 

C. Code of Conduct

1. No Illegal Activity: Do not use the Unclouded Career Services website for any illegal activity. You are not allowed to use the Unclouded Career Services website to engage in any kind of conduct that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

2. No Fraud: Fraud will not be tolerated in any capacity.

3. No Bad Code: Do not use the Unclouded Career Services website to transmit, distribute, send, or otherwise expose Unclouded Career Services to its Users to viruses, worms, or any other code that may be deemed dangerous, harmful, or destructive in any manner.

4. No Data Mining or Bots: You may not use any data mining, robots, or similar data gathering or extraction methods.

5. No Use Other Than Intended: You may not use the Unclouded Career Services website or any Content contained on the site for any purposes other than intended.

If You violate this Code of Conduct, we reserve the right to remove You from the Unclouded Career Services website. Whether conduct violates our Code of Conduct will be determined in Unclouded Career Services’ sole discretion.

I. The Unclouded Career Services General Rights In Operating Its Website 

a) Unclouded Career Services Reserves the Following Rights Over the Entire Unclouded Career Services website:

1. Unclouded Career Services may modify, terminate, or refuse to provide services at any time for any reason, without notice.

2. Unclouded Career Services may remove anyone from the Unclouded Career Services website at any time for any reason, solely in Unclouded Career Services’ discretion. This right is not modified by any other section of this Agreement.

3. Unclouded Career Services reserves the right to access Your account in order to respond to requests for technical support, to maintain the safety and security of the Unclouded Career Services website, and for other legitimate business purposes, as necessary, in Unclouded Career Services’ discretion.

4. Unclouded Career Services reserves the right to modify, suspend, or alter its refund policy, at its sole discretion.

5. Unclouded Career Services reserves the right to remove You without warning if You violate any of the provisions of this Agreement.

6. Unclouded Career Services has, in its sole discretion, an absolute right to modify, change, alter, suspend, or terminate any provision of this Agreement without warning at any time. 

II. Unclouded Career Services’ Copyright Policy

Unclouded Career Services takes a firm stance against anyone who is infringing upon anyone else’s intellectual property. 

III. Payments

a) Transactions made through the Unclouded Career Services website are not subject to the Unclouded Career Services transaction fees.

b) Payment methods include credit/debit cards, Stripe, and offline payments. For other payment type accommodations, reach out to info@uncloudedcareerservices.com.

IV. Cancellation and Refund Policy

1. Please see the refund and cancellation policy.

A. Deletion

1. You may delete your account at any time.

V. Errors and Corrections

Unclouded Career Services does not guarantee that the website or any services offered will be error-free or otherwise reliable, nor does Unclouded Career Services guarantee that defects will be corrected or that any offerings through the site will always be accessible. Unclouded Career Services may make improvements and/or changes to the website and its features and functionality at any time, and will use commercially-reasonable efforts to avoid disrupting peak hours, though some downtime may occur. 

Unclouded Career Services reserves the right to amend its website, and any service or material we provide on the website, is our sole discretion without notice. Unclouded Career Services will not be liable if for any reason all or any part of the website is unavailable at any time or for any period. From time to time, we may restrict access to some or all clients. 

VI. Limitations of Liability

In running the site, we require that You understand and agree that Unclouded Career Services is not liable for a number of things, including Your breach of this Agreement and losses that may result from Your use of the website. We also require that You understand and agree that the website may not always be 100% perfect or reliable and that Unclouded Career Services doesn’t warrant or guarantee that it will always be free of errors or defects. Any claims for damages against Unclouded Career Services will be limited to a portion of the fees You have paid us. 

Our limitations of liability are as follows:

a) You agree that Unclouded Career Services, including its employees, officers, directors, and agents, shall not be liable for any kind of loss, injury, claim, or damages resulting from Your use of the site.

b) You agree that Unclouded Career Services shall not be liable for any injuries, losses, claims, or damages that result from Your use or engagement with services, content, downloads, or communications.

c) Unclouded Career Services is not liable for any losses or damage caused by any viruses, distributed denial of service attacks, and any and all other malicious computer code. Malicious computer code means computer code or other mechanisms of any kind designed to disrupt, disable or harm in any manner the operation of any software or hardware or other business processes or to misuse, gain unauthorized access to or misappropriate any business or personal information, including worms, bombs, backdoors, clocks, timers, or other disabling device code, or designs or routines that cause software or information to be erased, inoperable, or otherwise incapable of being used, either automatically or with passage of time or upon command.

d) Unclouded Career Services does not guarantee that any files available for downloading from the website will be completely free from viruses or other harmful computer code.

e) Unclouded Career Services shall not be liable for any special, direct, indirect, incidental, punitive, or consequential damages, resulting from the use of or inability to use the website.

f) You are solely responsible for ensuring that Your use of the website complies with applicable law and does not violate the rights of any third party, including, without limitation, intellectual property rights. You assume all liability for any claims, suits or grievances filed against You, including, but not limited to, all damages related to Your use of the website.

g) You may not assign Your rights under this Agreement without Unclouded Career Services’ prior written consent.

h) Except as set forth herein, nothing express or implied in this Agreement is intended or implied to confer, and nothing herein shall confer, any rights, remedies, liabilities, or obligations whatsoever upon any person or entity.

i) You agree that any cause of action or claim that You may have against Unclouded Career Services must be brought against us within one (1) year after the cause of action or claim arises. Should You not commence such cause of action or claim within this time period, it shall be barred. 

VII. Remedies for Violations

Unclouded Career Services reserves the right to seek all remedies available at law and in equity for violations of this Agreement, including but not limited to removing clients from the website, the right to block access to the site from a particular IP address or other user identifier, or to refer the violation to the appropriate law enforcement authorities. 

VIII. Governing Law and Jurisdiction; Disputes and Arbitration

a) This Agreement shall be governed in accordance with the laws of the State of New Jersey without regard to its conflicts of laws principles. Any action arising out of or relating to this Agreement shall be filed only in the state or federal courts located in the County of Essex in the State of New Jersey. You consent and submit to the exclusive personal jurisdiction of such courts for the purpose of litigating any such action.

b) You and Unclouded Career Services agree to waive the right to trial by jury. You further agree that any proceedings to resolve any disputes shall be done solely on an individual basis and that You will not seek to have any dispute heard as a class action, a representative action, a collective action, a private attorney-general action, or in any proceeding in which You act or propose to act in a representative capacity.

c) You also agree that no proceeding will be joined, consolidated, or combined with another proceeding without the prior written consent of Unclouded Career Services and all parties to any such proceeding. 

IX. California Civil Code Section 1789.3

California websites users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254 or (800) 952-5210. Complaints or requests for further information can be sent to the address listed in the Contact Us section of this Agreement. 

X. Privacy

Your use of the website is subject to our Privacy Policy.   

XI. Entire Agreement; Severability of Provisions; No Waiver

a) These Terms of Use incorporate by reference any notices contained on the website, including within the Privacy Policy, and constitute the entire agreement with respect to access to and use of anything offered by Unclouded Career Services, including the website, Coaching Services, and any Content.

b) If any provision of this Agreement is deemed unlawful, void, or unenforceable by a court of law exercising proper jurisdiction, that provision shall be deemed severed from the remaining provisions and shall not affect their validity and enforceability.

c) No waiver of any provision hereof shall be valid unless in writing signed by the parties. Any failure to enforce any right or remedy hereunder shall not operate as a waiver of the right to enforce such right or remedy in the future or of any other right or remedy. 

XII. OFAC

You represent and warrant that You are not, nor are You owned or controlled directly or indirectly by, any person, group, entity or nation named on any list issued by the Department of the Treasury’s Office of Foreign Asset Control (“OFAC” ), or any similar list or by any law, order, rule or regulation or any Executive Order of the President of the United States, including Executive Order 13224, as a “Specially Designated National and Blocked Person”, terrorist, or other banned or blocked person (any such person, group, entity or nation being hereinafter referred to as a (“Prohibited Person”); (ii) You are not (nor are You owned or controlled, directly or indirectly, by any person, group, entity or nation which is) acting directly or indirectly for or on behalf of any Prohibited Person; (iii) You (and any person, group, or entity which You control, directly or indirectly) have not conducted nor will conduct business nor have engaged nor will engage in any transaction or dealing with any Prohibited Person in violation of the U.S. Patriot Act or any OFAC rule or regulation, including, without limitation, the making or receiving of any contribution of funds, good or services to or for the benefit of a Prohibited Person in violation of the U.S. Patriot Act or any OFAC rule or regulation; (iv) You are not prohibited by any sanctions program as maintained by OFAC from transacting with Unclouded Career Services, including those sanctions programs currently in effect with respect to Cuba, Iran, North Korea, Syria, Venezuela, or Crimea. In connection with the foregoing, it is expressly understood and agreed that the representations and warranties contained in this subsection shall be continuing in nature. 

XIII. Changes to the Terms of Use

Unclouded Career Services may review and update this Agreement at any time in our sole discretion and it is Your responsibility to stay informed of those changes. All changes are effective immediately when posted and apply to all uses of the site thereafter. Your continued use of the website following the posting of revised Terms of Use means that You accept and agree to be bound by the changes. Please check this webpage periodically for updates. 

XIV. Titles/Headings

The headings and titles of sections to this Agreement have been inserted for the convenience of reference for the parties and are for informational purposes only and shall not be deemed to be a part of the language of this Agreement. Neither You nor Unclouded Career Services shall rely on, or interpret substantively, the headings when construing the meaning of each section or the Agreement as a whole. 

XV. Gender/Plural

Whenever such wording may appear in this Agreement, words in the singular shall mean and include the plural and vice versa and words in the feminine shall mean and include the masculine and vice versa. 

XVI. Contact Us

If You have questions or concerns regarding these Terms of Use, the website, the services of Unclouded Career Services, or Content, You may contact us via electronic mail at the address below. Note: the Unclouded Career Services office is not open to the public: Email: info@uncloudedcareerservices.com. 

Copyright © 2022 Unclouded Career Services. All rights reserved.

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