Web Site Terms and Conditions of Use

1. Terms

Welcome to the myGPcloud Internet site (the “Site”,). These Web Site Terms, inconjuction with the Service Agreement (User License Agreement) and myGPcloud’s Privacy Policy (collectively the “Terms”) govern your use of this Site and Service. myGPcloud may change the Terms of Service from time to time. Your access to the site in any way is evidence of your acceptance of the Terms and the enforcement of said Terms. If you do not agree to these terms and conditions, you may not use the Site. myGPcloud reserves the right, in its sole discretion, to change, modify, or otherwise alter these Terms at any time effective upon posting of the modified Terms on the Site. Please review the Terms periodically. Your continued use of the Site or any materials or services accessible through it, after such posting or notification means you accept the modifications. The use by you of any content or services accessible through the Site may be subject to your acceptance of separate agreements with myGPcloud or third parties. The materials contained in this web site are protected by applicable copyright and trade mark law.

In consideration of your use of the Site, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form, if applicable, and (b) to maintain and update this information to keep it true, accurate, current and complete. If any information provided by you is untrue, inaccurate, not current or incomplete, myGPcloud has the right to terminate your account and refuse any and all current or future use of the Site.

2. Use License

myGPcloud grants you a limited license to access and make use of the Site. This is the grant of a license, not a transfer of title, and under this license you may not:

  • modify or copy the materials
  • use the materials for any commercial purpose, or for any public display (commercial or non-commercial)
  • attempt to decompile or reverse engineer any software contained on myGPcloud / RoseASP’s web site
  • remove any copyright or other proprietary notations from the materials
  • transfer the materials to another person or “mirror” the materials on any other server
  • Post or transmit any information or software which contains a virus, Trojan horse, worm or other harmful component

This license shall automatically terminate if you violate any of these restrictions and may be terminated by myGPcloud 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 myGPcloud’s web site are provided “as is”. myGPcloud 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, myGPcloud does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

4. Limitations

In no event shall myGPcloud or its suppliers 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 myGPcloud’s Internet Site, even if myGPcloud or a myGPcloud authorized representative 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 myGPcloud’s Site could include technical, typographical, or photographic errors. myGPcloud does not warrant that any of the materials on its Site are accurate, complete, or current. myGPcloud may make changes to the materials contained on its Site at any time without notice. myGPcloud does not, however, make any commitment to update the materials. Your privilege to use or access the Site may be terminated by myGPcloud immediately and without notice if you fail to comply with any term or condition of the Terms. Upon such termination, you must immediately cease accessing or using the Site and agree not to re-register or otherwise make use of the Site. Furthermore, you acknowledge that myGPcloud reserves the right to take action — technical, legal or otherwise — to block, nullify or deny your ability to access the Site. You understand that myGPcloud may exercise this right in its sole discretion.

6. Links

myGPcloud has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by myGPcloud of the site. Use of any such linked web site is at the user’s own risk.

7. Billing or Other Online Services

Access to Online Banking, Online Payment, and any other services available through the Internet and selected myGPcloud product (the “Online Service”) is provided by your financial institution and not myGPcloud. You agree not to hold myGPcloud liable for any loss or damage of any sort incurred as a result of any such dealings with any services provided by your financial institution. Your access may be limited from time to time, depending on the service provided by your Internet service provider or your financial institution. You may be billed for these Online Services by your financial institution, not myGPcloud, and such financial institution may have its own service agreement which will govern the Online Services it provides. You agree to be responsible for all telephone charges associated with your Internet and online service usage.

8. Electronic Communication

When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing. You are responsible for providing, at your expense, any access to the Internet and any required equipment.

9. Site Terms of Use Modifications

Except as expressly set forth in these Terms, these Terms of Service are a complete statement of the agreement between you and myGPcloud, and set forth the entire liability of myGPcloud and its Suppliers and your exclusive remedy with respect to your access and use of the Site. In the event of a conflict between these Terms of Service and the Privacy Policy, these Terms of Service shall prevail. The Suppliers, agents, distributors, dealers, and employees of myGPcloud are not authorized to make modifications to the Terms, or to make any additional representations, commitments or warranties binding on myGPcloud. Any waiver of the terms herein by myGPcloud must be in a writing signed by an authorized officer of myGPcloud and expressly referencing the applicable provisions of the Terms. If any provision of the Terms is invalid or unenforceable under applicable law, then it shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. myGPcloud / RoseASP may revise these terms of use for its web site at any time without notice.

10. Governing Law

The Terms will be governed by California law as applied to agreements entered into and to be performed entirely within California, without regard to its choice of law or conflicts of law principles that would require application of law of a different jurisdiction, and applicable federal law. The parties hereby consent to the exclusive jurisdiction and venue in the state courts in San Diego County, California. Headings are included for convenience only, and shall not be considered in interpreting these Terms. The Terms do not limit any rights that myGPcloud may have under trade secret, copyright, patent or other laws.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

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