TechPulse Cloud Concepts, LLC (“COMPANY”) OWNS AND OPERATES THIS WEBSITE LOCATED AT WWW.TPCLOUD.IO (THE “WEBSITE”). THESE TERMS OF USE APPLY TO USERS OF THIS WEBSITE (INCLUDING ALL OF THE CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE), INCLUDING USERS WHO SIMPLY VIEW THE CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE.

PLEASE READ THESE TERMS OF USE CAREFULLY.  BY USING THIS WEBSITE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, THEN DO NOT USE THIS WEBSITE OR ACCESS ANY OF ITS CONTENT. THESE TERMS OF USE MAY BE AMENDED OR UPDATED BY THE COMPANY FROM TIME TO TIME WITHOUT NOTICE. THE TERMS OF USE MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEBSITE, AND IT IS YOUR RESPONSIBILITY TO REVIEW THESE TERMS OF USE FOR ANY CHANGES. YOUR USE OF THE WEBSITE AFTER ANY AMENDMENTS OR UPDATES OF THESE TERMS OF USE SHALL SIGNIFY YOUR ASSENT TO AND ACCEPTANCE OF SUCH REVISED TERMS. ANY NEW FEATURES THAT MAY BE ADDED TO THIS WEBSITE FROM TIME TO TIME WILL BE SUBJECT TO THESE TERMS OF USE, UNLESS STATED OTHERWISE. YOU SHOULD VISIT THIS PAGE PERIODICALLY TO REVIEW THESE TERMS OF USE.

1. Conduct. You, as a user of the Website and any Application that works in conjunction with the Website (“App”), shall not (a) copy or distribute any part of this Website or App (including all of the contents of the Website), (b) alter or modify any part of the Website, (c) interfere with or disrupt the Website or servers or networks or other users connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (d) intentionally or unintentionally violate any applicable local, state, national or international law or regulation; (e) collect or store personal data about other users or viewers; or (f) resell the content of the Website, the use of the Website or access to the Website or the content of the Website. You also agree not to access the Website in a manner that utilizes the resources of the Website more heavily than would be the case for an individual person using a conventional web browser. Notwithstanding the foregoing, operators of public search engines may use spiders or other bots for the purpose of creating publicly available searchable indices of the materials on this Website.
2. Intellectual Property Rights. The Company and its licensors and clients reserve all rights, including without limitation all intellectual property rights, to the Website and all content published on the Website. Intellectual Property Rights include all copyrights, patents, patent disclosures and inventions (whether patentable or not), trademarks, service marks, trade secrets, know-how and other confidential information, trade dress, trade names, logos, corporate names and domain names, together with all of the goodwill associated therewith, derivative works and all other rights (collectively, “Intellectual Property Rights”).  If You provide the Company with any suggestions, comments, or other feedback (“Comments”) relating to the Website, the Company may use such Comments in the Website or in any other Company products or services (collectively, ” The Company Offerings” or “Services”). Accordingly, You agree that: (a) the Company is not subject to any confidentiality obligations with respect to any content in the Comments, (b) the Comments are not confidential or proprietary information of You or any third party and You have all of the necessary rights to disclose the Comments to the Company or public, (c) the Company (including all of its successors and assigns and any successors and assigns of any of the Company Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Comments in any the Company Offerings, and (d) You are not entitled to receive any compensation or reimbursement or royalties of any kind from the Company or any of the other users of the Website.
3. Use of the Website. The Company does not guarantee the accuracy, integrity, or quality of content on the Website. Users acknowledge that by using the Website, they may be exposed to materials that are offensive, indecent, or objectionable. Under no circumstances will the Company be liable in any way for any materials, including, but not limited to, for any errors or omissions in any materials or any defects or errors in any printing or manufacturing, or for any loss or damage of any kind incurred as a result of the viewing or use of any materials posted, emailed, transmitted, or otherwise made available on the Website.   The information and materials on this Website may contain technical inaccuracies or typographical errors. Certain materials on this Website may have been submitted by viewers or other participants in the various forums on this Website, including but not limited to the Comments.  The Company reserves the right to alter, suspend, or discontinue this Website at any time and for any reason or no reason, without notice. The Website may be unavailable from time to time due to maintenance or malfunction of computer, network equipment, servers, or other reasons. The COMPANY may periodically add or update the information and materials on this Website without notice.  It is the responsibility of the user to check these Terms of Use for any updates.
4. Use of Beta Services. Users acknowledge that by using the Website, they may be using a Beta Version and Beta Services.  All Users, including Beta Users, use the Website and Services at their own risk and subject to these Terms of Service and the Company’s Privacy Policy, which is incorporated by reference herein.  The Beta Services may be a separate, stand-alone service, accessible apart from the currently available Company Services or may be a feature or functionality for existing Services. A description of the Beta Service may be provided prior to or at the time you use a Beta Service, or if we make changes to the Beta Service. By agreeing to and complying with these Terms we grant you a non-exclusive, revocable, non-transferable, limited license to use the Beta Services.By accepting these Terms or using the Beta Services, you understand and acknowledge that the Beta Services are being provided as a “Beta” version and made available on an “As Is” or “As Available” basis. The Beta Services may contain bugs, errors, and other problems. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR USE OF THE BETA SERVICES, INCLUDING, WITHOUT LIMITATION, ANY INTERNET ACCESS FEES, BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF YOUR DEVICE AND PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA. In addition, we are not obligated to provide any maintenance, technical, or other support for the Beta Services.  In the event that you are no longer a customer of the Company, your participation in the Beta Program and your use of all Beta Services will be terminated.
5. DISCLAIMER OF ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS. THE INFORMATION AND MATERIALS PROVIDED ON THIS WEBSITE ARE PROVIDED “AS IS.” SPECIFICALLY, BUT WITHOUT LIMITATION, THE COMPANY DOES NOT REPRESENT, WARRANT OR OFFER ANY CONDITIONS THAT: (I) THE INFORMATION OR MATERIALS ON THIS WEBSITE ARE CORRECT, ACCURATE, RELIABLE OR COMPLETE; (II) THE FUNCTIONS CONTAINED ON THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) DEFECTS WILL BE CORRECTED, OR (IV) THIS WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS AT YOUR OWN RISK AND DISCRETION AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR WITH RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND THE COMPANY SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY.
6. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE, THIS WEBSITE OR ANY OF THE INFORMATION OR MATERIALS CONTAINED ON THIS WEBSITE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE, ANY BUGS, LOSS OF DATA, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE, OR (V) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE. THESE LIMITATIONS SHALL APPLY EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
7. Links to Third-Party Websites. This Website may contain links to other websites that are not owned or controlled by the Company. The Company is not responsible for the content of any linked websites. Any third-party websites or services accessed from the Website are subject to the terms and conditions of those Websites and or services and You are responsible for determining those terms and conditions and complying with them. The presence on the Website of a link to any non-Company websites does not imply that the Company endorses or accepts any responsibility for the content or use of such websites, and You hereby release the Company from all liability and/damages that may arise from Your use of such websites or receipt of services from any such websites.
8. While the Company encourages links to the Website, it does not wish to be linked to or from any third-party website which (i) contains, posts or transmits any unlawful, threatening, offensive, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any content constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, provincial, national or international laws or regulations that may be damaging or detrimental to the activities, operations, credibility or integrity of the Company or its customers for which contains, posts or transmits any material or information of any kind which promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, could be harmful to minors, harasses or advocates harassment of another person, provides material that exploits people under the age of 18 in a sexual or violent manner, provides instructional information about illegal activities, including, without limitation, the making or buying of illegal weapons; or (ii) contains, posts or transmits any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by copyright, trademark or other proprietary rights of the Company or any other person or entity. The Company reserves the right to prohibit or refuse to accept any link to the Website, including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time. You agree to remove any link you may have to the Website immediately upon the request of the Company.
9. No Implied Endorsements. In no event shall any reference to any third-party, third-party product or service be construed as an approval or endorsement by the Company of that third-party, third-party product or service.
10. No Advice. The information contained on the Website is for informational purposes only. It is not intended to provide legal, accounting, tax, investment, financial, medical or other advice to you, and you should not rely upon the information to provide any such advice.
11. Termination. The Company may, under certain circumstances, without prior notice and in its sole discretion, immediately terminate Your ability to access the Website or portions thereof. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the terms of use or any other agreement that You may have with the Company (including, without limitation, non-payment of any fees owed in connection with the Website or otherwise owed by You to the Company), (b) requests by law enforcement or other government agencies, (c) a request by You, (d) discontinuance or material modification to the Website (or any part thereof), (e) unexpected technical, security or legal issues or problems, and/or (f) participation by You, directly or indirectly, in fraudulent or illegal activities. Termination of Your access to the Website may also include removal of some or all of the materials uploaded by You to the Website, including any Comments. You acknowledge and agree that all terminations may be made by the Company in its sole discretion and that the Company shall not be liable to You or any third-party for any termination of Your access to this Website or for the removal of any of the materials uploaded by You to the Website. Any termination of these terms of use by the Company shall be in addition to any and all other rights and remedies that the Company may have.
12. Security. You acknowledge that information sent or received over the Internet is generally unsecure and the Company cannot and does not make any representation or warranty concerning security of any communication to or from the Website or any representation or warranty regarding the interception by third-parties of personal or other information.
13. Enforcement of Terms and Conditions and Severance. If any part of these terms of use is unlawful, void, or unenforceable, that part shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions of these terms of use. The failure of the Company to exercise or enforce any right or provision under these terms of use shall not constitute a waiver of such right or provision. Any waiver of any right or provision by the Company must be in writing and shall only apply to the specific instance identified in such writing. No waiver by the Company of any provision of these terms of use shall be deemed to be a further or continuing waiver of such provision or any other provision. You agree that any cause of action that You may have arising out of or related to this Website or Your use of this Website must commence within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred.
14. Copyright and Trademark Information. This Website, and the information and materials that it contains, are the property of the Company and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, international conventions, and other intellectual property laws. All the Company product names and logos are common law trademarks or registered trademarks of the Company. All other company and product names and logos are trademarks or registered trademarks of their respective owners in certain countries. Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Website or any materials displayed on this Website, through the use of framing or otherwise, except: (a) as expressly permitted by these terms and conditions; or (b) with the prior written permission of the Company. You shall not attempt to override or circumvent any of the usage rules or restrictions on the Website.
15. Assignment. You may not assign the terms of use, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without the Company’s prior written consent. The Company may assign the terms of use, or any rights or licenses granted hereunder, at any time without notice.
16. Survival. All representations, warranties and conditions made by You in these terms of use shall survive the termination of these terms of use. Unless otherwise explicitly identified as terminating elsewhere in these terms of use, all licenses granted by You in these terms of use shall survive their termination. All payment obligations incurred by You prior to the termination of these terms of use shall survive their termination.
17. Entire Agreement. These terms of use, together with any privacy policy that may be published on the Website, constitutes the entire agreement between the parties relating to the Website and all related activities. These terms of use shall not be modified except in writing signed by You and a duly authorized representative of the Company, or by a new posting or update of these terms of use issued by the Company.