Cloudbyz Website Terms of Use
Last updated: August 19, 2026
PLEASE READ THESE TERMS CAREFULLY. SECTION 9 CONTAINS A BINDING INDIVIDUAL ARBITRATION PROVISION, A CLASS ACTION AND CLASS ARBITRATION WAIVER, AND A JURY TRIAL WAIVER THAT AFFECT HOW DISPUTES BETWEEN YOU AND CLOUDBYZ ARE RESOLVED. SECTION 9.8 EXPLAINS HOW YOU MAY OPT OUT OF ARBITRATION WITHIN THIRTY (30) DAYS. SECTION 7 LIMITS CLOUDBYZ'S LIABILITY TO YOU.
1. ACCEPTANCE OF THESE TERMS
1.1. Agreement. These Website Terms of Use (these “Terms”) are a binding agreement between Cloudbyz Inc., with business offices at 4320 Winfield Road, Suite 200, Warrenville, IL 60555, USA (“Cloudbyz,” “we,” “us,” or “our”), and you, the person accessing or using the Site (“you” or “Visitor”). “Site” means Cloudbyz's public websites, including www.cloudbyz.com and its subdomains, together with all web pages, content, forms, chat and messaging features, webinar and event registration pages, resource libraries, and cookies and other tracking technologies made available through them. “Site” does not include the Cloudbyz software-as-a-service applications made available under a subscription (the “Services”).
1.2. Acceptance. By accessing, browsing, or otherwise using the Site, or by clicking a button or checking a box indicating your acceptance, you agree to these Terms. If you do not agree to these Terms, you must not access or use the Site. Your use of the Site after any revision to these Terms constitutes your acceptance of the revised Terms.
1.3. Relationship to Other Agreements. If you access the Services under a Cloudbyz Master Subscription Agreement, order form, evaluation agreement, or other written agreement with Cloudbyz (each, a “Subscription Agreement”), that Subscription Agreement — and not these Terms — governs your use of the Services. These Terms govern your use of the Site whether or not a Subscription Agreement is in effect. In the event of a conflict between these Terms and a Subscription Agreement, the Subscription Agreement controls solely as to the subject matter it addresses and solely as between Cloudbyz and the contracting customer. Cloudbyz's collection and use of personal information is described in the Cloudbyz Privacy Policy at www.cloudbyz.com/privacy-policy (the “Privacy Policy”), which is incorporated into these Terms by reference.
1.4. Eligibility. You must be at least eighteen (18) years of age and legally capable of entering into a binding contract to use the Site. The Site is directed to businesses and business professionals and is not directed to children. If you accept these Terms on behalf of an entity, you represent that you have authority to bind that entity, and “you” refers to that entity. You represent that you are not located in, organized under the laws of, or ordinarily resident in a country or territory subject to comprehensive U.S. economic sanctions, and that you are not identified on any U.S. government restricted-party list.
1.5. Changes to These Terms. Cloudbyz may modify these Terms at any time by posting a revised version bearing a new “Last updated” date. Revisions apply prospectively to your use of the Site after posting. For material revisions, Cloudbyz will provide reasonable advance notice through the Site. If you do not agree to a revision, you must stop using the Site. Revisions to Section 9 do not apply to any dispute of which Cloudbyz had actual notice before the revision was posted.
2. USE OF THE SITE
2.1. Limited License. Subject to your compliance with these Terms, Cloudbyz grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and view the Site and to download and print one copy of publicly available Site materials for your own internal, non-commercial reference. No other right or license is granted, whether by implication, estoppel, or otherwise.
2.2. Cloudbyz Intellectual Property. The Site and all text, graphics, images, video, audio, software, data compilations, page layout, look and feel, and other content on it (collectively, “Site Content”) are owned by Cloudbyz or its licensors and are protected by United States and international copyright, trademark, trade secret, and other intellectual property laws. Cloudbyz reserves all rights not expressly granted in these Terms.
2.3. Trademarks. “Cloudbyz,” the Cloudbyz logo, and the product names appearing on the Site are trademarks or service marks of Cloudbyz. You may not use them without Cloudbyz's prior written consent. Third-party marks appearing on the Site are the property of their respective owners, and their appearance does not imply any endorsement of, affiliation with, or sponsorship by Cloudbyz.
2.4. Prohibited Conduct. You will not, and will not permit any other person to: (a) use any robot, spider, crawler, scraper, or other automated means to access, monitor, index, copy, or extract Site Content, or to collect information from the Site, except as permitted by Cloudbyz's robots.txt file; (b) circumvent, disable, misrepresent the operation of, or interfere with the Site's consent-management interface, cookie-preference controls, paywalls, gating forms, authentication, or security features; (c) probe, scan, or test the vulnerability of the Site or any Cloudbyz system or network, or breach or attempt to breach any security or authentication measure; (d) reverse engineer, decompile, or attempt to derive the source code of any portion of the Site; (e) frame, mirror, deep-link, resell, or commercially exploit any portion of the Site or Site Content; (f) submit, transmit, or upload any material that is unlawful, defamatory, infringing, harassing, or that contains viruses, worms, or other malicious code; (g) impersonate any person or misrepresent your affiliation with any person or entity, or submit false information through any Site form; (h) use the Site to send unsolicited commercial communications or to harvest contact information; (i) take any action that imposes an unreasonable or disproportionate load on Cloudbyz's infrastructure or that interferes with any other Visitor's use of the Site; or (j) use the Site in violation of applicable law or these Terms.
2.5. Registration Information. Certain Site features — including webinar registration, resource downloads, demonstration requests, and free-trial sign-up — require you to submit information. You agree that all information you submit is accurate, current, and complete, and that you will not submit information about another person without that person's authorization. If you are issued credentials for any gated area of the Site, you are responsible for maintaining their confidentiality and for all activity under them, and you will notify Cloudbyz promptly of any suspected unauthorized use.
2.6. Third-Party Sites, Content, and Integrations. The Site may contain links to, or embedded content from, third-party websites, platforms, and services, including video hosting, social media, scheduling, chat, and analytics providers. Cloudbyz does not control and is not responsible for third-party sites, content, products, services, privacy practices, or terms. Your access to and use of a third-party site or service is governed by that third party's terms and privacy policy, and Cloudbyz disclaims all liability arising from it.
2.7. Availability; Modification; Suspension. Cloudbyz may modify, suspend, relocate, or discontinue the Site or any portion or feature of it at any time, with or without notice, and has no obligation to maintain, update, or continue to make available any Site Content. Cloudbyz may restrict, suspend, or terminate your access to the Site at any time, with or without notice and with or without cause, including for suspected violation of Section 2.4.
3. INFORMATIONAL NATURE OF SITE CONTENT
3.1. General Information Only. Site Content is provided for general informational and marketing purposes only. It is not, and must not be relied upon as, professional, legal, regulatory, clinical, medical, quality-assurance, or compliance advice, and it does not create any advisory or fiduciary relationship. You should obtain qualified professional advice before acting on any Site Content.
3.2. No Regulatory or Validation Representation. Statements on the Site regarding regulatory frameworks — including 21 C.F.R. Part 11, EU Annex 11, GxP, HIPAA, GDPR, or any other law, regulation, or standard — describe capabilities in general terms and are not a representation that any Cloudbyz product is validated, certified, or compliant for your specific intended use, environment, or regulatory obligations. Validation and qualification for a particular use remain your responsibility and are addressed, if at all, in a Subscription Agreement and its documentation.
3.3. No Offer; No Warranty; Documentation Controls. Site Content is not an offer to sell, a commitment, a quotation, a warranty, or a representation on which any purchasing decision may be based. Product descriptions, feature lists, roadmaps, benchmarks, customer results, and forward-looking statements about future functionality are illustrative only, may change without notice, and are not commitments to deliver any feature or result. Only the applicable Subscription Agreement, order form, and product documentation state Cloudbyz's binding obligations regarding the Services.
3.4. Third-Party and Customer Statements. Testimonials, case studies, and customer statements reflect the experience of the individual customer described and are not a representation that any other person will obtain comparable results. Analyst reports, industry data, and other third-party material reproduced on the Site are attributed to their source and are not independently verified by Cloudbyz.
4. PRIVACY, COOKIES, AND TRACKING TECHNOLOGIES
4.1. Privacy Policy. Cloudbyz's collection, use, disclosure, and retention of information through the Site is described in the Privacy Policy. By using the Site, you acknowledge the Privacy Policy.
4.2. Tracking Technologies; Consent. The Site uses cookies, pixels, tags, web beacons, software development kits, local storage, analytics, and similar technologies (collectively, “Tracking Technologies”), some of which are operated by third-party providers acting on Cloudbyz's behalf. Where applicable law requires consent to the use of Tracking Technologies, Cloudbyz obtains that consent through the consent-management interface presented on the Site, and your continued use of the Site following your election through that interface constitutes your consent to the categories you have elected. You may withdraw or change your election at any time through the consent-management interface or the controls described in the Privacy Policy. Withdrawal is prospective and does not affect processing carried out before withdrawal.
4.3. Service Providers. Cloudbyz engages analytics, advertising-measurement, chat, and similar providers to process Site information on Cloudbyz's behalf and under written terms restricting their use of that information to the purposes Cloudbyz specifies. Categories of recipients, retention periods, and the choices available to you — including any right to opt out of sales or sharing of personal information or of targeted advertising — are described in the Privacy Policy.
4.4. Chat, Session, and Call Interactions; Consent to Recording. Cloudbyz and its service providers may record, monitor, log, and analyze your interactions with the Site's chat, messaging, form, demonstration-request, and support features, including the content of messages you submit and metadata about your interaction, for the purposes of responding to you, quality assurance, training, fraud prevention, security, product improvement, and legal compliance. Before you begin a chat, messaging, or similar real-time text interaction, and at the outset of any telephone or video interaction, Cloudbyz will present a conspicuous notice, separate from these Terms, stating that the interaction may be recorded and analyzed, together with a practical opportunity to decline before the interaction begins (for calls, this may be an audible disclosure). BY PROCEEDING WITH THOSE FEATURES AFTER THAT NOTICE IS PRESENTED, YOU EXPRESSLY CONSENT TO SUCH RECORDING, MONITORING, AND ANALYSIS, AND TO THE PARTICIPATION OF CLOUDBYZ'S SERVICE PROVIDERS IN IT AS PARTIES TO THE COMMUNICATION ACTING SOLELY ON CLOUDBYZ'S BEHALF. Cloudbyz's service providers that participate in these interactions are contractually restricted to using the resulting data solely to provide services to Cloudbyz, may not disclose it to any other party, and have no independent right to use, aggregate, or exploit it for their own purposes. This consent constitutes prior express consent for purposes of the Electronic Communications Privacy Act, 18 U.S.C. § 2511(2)(d), the California Invasion of Privacy Act (Cal. Penal Code §§ 631, 632, and 632.7), and analogous state wiretapping, eavesdropping, and invasion-of-privacy statutes. If you do not consent, do not proceed with those features after the notice is presented; you may instead contact Cloudbyz through a non-recorded channel, such as by mail at the address in Section 12.
4.5. Browser Signals. Cloudbyz honors the Global Privacy Control and other opt-out preference signals to the extent required by applicable law, as described in the Privacy Policy. Cloudbyz does not otherwise respond to “Do Not Track” browser settings, for which no common industry standard has been adopted.
4.6. No Sensitive Information. Do not submit through the Site any protected health information, patient data, clinical-trial subject data, government identification numbers, financial account numbers, biometric identifiers, precise geolocation, or other Sensitive Personal Information as defined in Section 5 of the Cloudbyz Privacy Policy. The Site's forms and chat features are not designed or intended to receive such information, and Cloudbyz disclaims all liability arising from your submission of it.
5. VISITOR SUBMISSIONS AND FEEDBACK
5.1. Submissions. “Submission” means any content, information, comment, question, message, document, or other material you submit or transmit through the Site. You retain ownership of your Submissions and grant Cloudbyz a worldwide, perpetual, irrevocable, royalty-free, sublicensable, transferable license to use, reproduce, store, adapt, and display Submissions for the purposes of operating the Site, responding to you, and improving Cloudbyz's products and services.
5.2. Feedback. If you provide suggestions, ideas, enhancement requests, or other feedback regarding Cloudbyz's products, services, or the Site (“Feedback”), you assign to Cloudbyz all right, title, and interest in that Feedback, and Cloudbyz may use and exploit it for any purpose without restriction, attribution, or compensation to you.
5.3. No Confidentiality. Submissions and Feedback are not confidential, and Cloudbyz has no obligation of confidentiality or non-use with respect to them, notwithstanding any legend or statement to the contrary that you may include. Do not submit information you consider confidential or proprietary.
5.4. Your Representations. You represent that you own or have all rights necessary to grant the licenses in this Section 5, that your Submissions do not infringe or misappropriate any third party's rights or violate any law, and that any personal information about another person contained in a Submission was provided with that person's authorization.
6. DISCLAIMER OF WARRANTIES
6.1. Site Provided “AS IS.” THE SITE AND ALL SITE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CLOUDBYZ AND ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
6.2. No Warranty of Availability, Security, or Accuracy. CLOUDBYZ DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT SITE CONTENT IS ACCURATE, COMPLETE, RELIABLE, OR CURRENT. YOU ASSUME ALL RISK ARISING FROM YOUR USE OF THE SITE AND YOUR RELIANCE ON ANY SITE CONTENT.
6.3. Jurisdictional Limits. Some jurisdictions do not allow the exclusion of certain warranties. To the extent an exclusion in this Section 6 is prohibited by applicable law, that exclusion does not apply to you, and the remainder of this Section 6 continues in effect.
7. LIMITATION OF LIABILITY
7.1. Exclusion of Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER CLOUDBYZ NOR ITS AFFILIATES, LICENSORS, OR SERVICE PROVIDERS WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, STATUTORY, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, REVENUES, GOODWILL, BUSINESS OPPORTUNITY, OR DATA, ARISING OUT OF OR RELATING TO THE SITE, SITE CONTENT, THESE TERMS, OR YOUR USE OF OR INABILITY TO USE THE SITE, WHETHER THE CLAIM SOUNDS IN CONTRACT, TORT, STATUTE, OR ANY OTHER THEORY, AND EVEN IF CLOUDBYZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7.2. Liability Cap. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF CLOUDBYZ AND ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SITE, SITE CONTENT, OR THESE TERMS WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US$100).
7.3. Separate from Subscription Agreements. The limitations in this Section 7 apply to claims arising out of the Site and are separate from, and do not increase, reduce, or draw upon, any limitation of liability or liability cap in any Subscription Agreement. Claims arising out of the Services are governed exclusively by the applicable Subscription Agreement.
7.4. Essential Basis. THE DISCLAIMERS IN SECTION 6 AND THE LIMITATIONS IN THIS SECTION 7 ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND CLOUDBYZ, APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE, AND WILL SURVIVE ANY TERMINATION OF THESE TERMS OR OF YOUR ACCESS TO THE SITE.
7.5. Jurisdictional Limits. Some jurisdictions do not allow the limitation or exclusion of certain damages. Nothing in this Section 7 limits liability that cannot be limited under applicable law, including liability for fraud, willful misconduct, or death or personal injury caused by negligence. In such jurisdictions, Cloudbyz's liability is limited to the maximum extent permitted by law.
8. INDEMNIFICATION
8.1. Your Indemnity. To the maximum extent permitted by applicable law, you will defend, indemnify, and hold harmless Cloudbyz and its affiliates, and their respective officers, directors, employees, and agents, from and against any third-party claim, demand, action, or proceeding, and all resulting losses, damages, liabilities, settlements, fines, penalties, costs, and reasonable attorneys' fees, arising out of or relating to (a) your breach of these Terms, including Section 2.4 or Section 5.4; (b) your Submissions; (c) your violation of applicable law or of any third party's rights in connection with your use of the Site; or (d) your submission of personal information about another person without authorization.
8.2. Procedure. Cloudbyz will provide you with prompt written notice of any claim for which it seeks indemnification. Cloudbyz may, at its own expense, participate in the defense and settlement of the claim with counsel of its choosing, and you will not settle any claim in a manner that imposes any obligation or admission on Cloudbyz without Cloudbyz's prior written consent.
9. DISPUTE RESOLUTION; BINDING INDIVIDUAL ARBITRATION; CLASS ACTION WAIVER
PLEASE READ THIS SECTION 9 CAREFULLY. IT REQUIRES YOU AND CLOUDBYZ TO RESOLVE DISPUTES THROUGH INDIVIDUAL ARBITRATION RATHER THAN IN COURT, WAIVES YOUR RIGHT TO A JURY TRIAL, AND WAIVES YOUR RIGHT TO PARTICIPATE IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. SECTION 9.8 EXPLAINS HOW TO OPT OUT OF ARBITRATION.
9.1. Scope; Federal Arbitration Act. Except as provided in Section 9.6, any dispute, claim, or controversy between you and Cloudbyz arising out of or relating to the Site, Site Content, these Terms, the Privacy Policy, Cloudbyz's use of Tracking Technologies, Cloudbyz's recording or monitoring of Site interactions, Cloudbyz's marketing or advertising practices, or the relationship between you and Cloudbyz—whether based in contract, tort, statute, regulation, fraud, misrepresentation, or any other legal or equitable theory, and whether arising before, during, or after the termination of these Terms (each, a “Dispute”)—will be resolved exclusively by final and binding individual arbitration and not in a court of law. This Section 9 evidences a transaction involving interstate commerce and is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq.
9.2. Pre-Arbitration Notice; Informal Resolution. Before commencing arbitration, the claiming party must send a written, individualized notice of dispute to the other party — to Cloudbyz at the address in Section 12, and to you at the contact information you have provided or that is stated in your notice — describing the specific claim, the facts supporting it, and the relief sought, and the parties will attempt in good faith to resolve the Dispute for sixty (60) days after delivery. A notice sent on your behalf must be personally signed by you and, if applicable, by your counsel; a mass, form, or aggregated notice submitted on behalf of multiple claimants does not satisfy this Section 9.2. Compliance with this Section 9.2 is a condition precedent to commencing arbitration, and either party may seek an order from a court or the arbitrator staying or dismissing an arbitration commenced without it. The limitations period applicable to a Dispute is tolled during the sixty (60) day notice period.
9.3. Arbitration Procedure. Arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules where you are an individual acting in a personal capacity, and otherwise under its Commercial Arbitration Rules, in each case as then in effect (the “Rules”), before a single neutral arbitrator. The Rules and instructions for commencing arbitration are available at www.adr.org. Arbitration will be conducted in DuPage County, Illinois; provided that if you are an individual, you may elect instead to arbitrate in the county of your residence, by telephone or video conference, or on the basis of written submissions only. Payment of filing, administrative, and arbitrator fees is governed by the Rules, and Cloudbyz will pay or reimburse those fees to the extent the Rules or applicable law require, and may pay them voluntarily where a claim is not frivolous. The arbitrator has authority to award any individualized remedy that a court could award to the individual claimant on that claimant's own claims, including statutory damages and attorneys' fees where authorized by law, and will issue a reasoned written award. The award is final and binding, and judgment on it may be entered in any court of competent jurisdiction.
9.4. CLASS ACTION AND CLASS ARBITRATION WAIVER. YOU AND CLOUDBYZ AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLAIMANT, OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, COORDINATED, MASS, PRIVATE ATTORNEY GENERAL, OR OTHER REPRESENTATIVE PROCEEDING, WHETHER IN ARBITRATION OR IN COURT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND CLOUDBYZ EACH WAIVE ANY RIGHT TO COMMENCE, JOIN, OR PARTICIPATE IN ANY SUCH PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF MORE THAN ONE PERSON, MAY NOT PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING, AND MAY NOT AWARD RELIEF TO OR ON BEHALF OF ANY PERSON WHO IS NOT A PARTY TO THE ARBITRATION. If this Section 9.4 is held unenforceable as to a particular claim or a particular request for relief, that claim or request (and only that claim or request) will be severed from the arbitration and brought in the courts identified in Section 10, and all remaining claims will proceed in individual arbitration. If this Section 9.4 is held unenforceable as to the waiver of class or representative proceedings generally, then this Section 9 (other than Section 9.5 and this severance rule) will be null and void in its entirety and the Dispute will proceed in the courts identified in Section 10. Notwithstanding Section 11.2 (Severability), this Section 9.4 is not severable from the agreement to arbitrate.
9.5. Jury Trial Waiver. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND CLOUDBYZ EACH KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY PROCEEDING ARISING OUT OF OR RELATING TO THE SITE, SITE CONTENT, OR THESE TERMS THAT PROCEEDS IN COURT FOR ANY REASON.
9.6. Exceptions. This Section 9 does not require arbitration of, and does not limit either party's right to bring, (a) an individual action in small claims court within that court's jurisdictional limits, so long as it remains an individual proceeding; or (b) an action for temporary, preliminary, or permanent injunctive or other equitable relief to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or the unauthorized access to or misuse of Cloudbyz's systems, in the courts identified in Section 10.
9.7. Delegation; Court Determination of Waiver Enforceability. The arbitrator has exclusive authority to resolve any dispute regarding the interpretation, applicability, enforceability, or formation of this Section 9, including any claim that all or part of it is void or voidable, except that a court of competent jurisdiction — and not an arbitrator — will decide the enforceability, validity, and scope of Section 9.4.
9.8. Your Right to Opt Out of Arbitration. You may reject the agreement to arbitrate in this Section 9 by sending written notice to Cloudbyz at the address in Section 12 within thirty (30) days after the date you first access the Site, stating your name, mailing address, and your intent to opt out of arbitration. A timely opt-out notice affects only the obligation to arbitrate; Section 9.4 (class action waiver) and Section 9.5 (jury trial waiver) continue to apply to any proceeding you bring in court. An opt-out notice sent on behalf of multiple persons, or by counsel on behalf of persons who have not each individually signed it, is not effective.
9.9. Batching of Mass Filings. If twenty-five (25) or more arbitration demands raising substantially similar claims are filed against Cloudbyz by or with the assistance of the same or coordinated counsel within any ninety (90) day period, the demands will be administered in sequential batches of up to fifty (50) demands, each batch heard by a single arbitrator with a single set of administrative and arbitrator fees, and the limitations period applicable to each demand will be tolled while it awaits assignment to a batch. This Section 9.9 is intended solely to promote administrative efficiency, does not create and may not be construed as consent to any class or representative proceeding, and does not authorize the arbitrator to award relief on an aggregate basis.
9.10. Limitations Period. Except where a shortened period is prohibited by applicable law, any Dispute must be commenced within one (1) year after the date on which the claim accrued, failing which it is permanently barred.
9.11. Survival; Changes. This Section 9 survives the termination of these Terms and of your access to the Site. If Cloudbyz revises this Section 9 after the date you last accepted these Terms, the revision does not apply to any Dispute of which Cloudbyz had actual notice before the revision was posted.
10. GOVERNING LAW; VENUE
These Terms and any Dispute are governed by the laws of the State of Illinois, without regard to its conflict-of-laws rules, except that the Federal Arbitration Act governs Section 9. Subject to Section 9, any action arising out of or relating to the Site, Site Content, or these Terms that proceeds in court will be brought exclusively in the United States District Court for the Northern District of Illinois or in the state courts located in DuPage County, Illinois, and you and Cloudbyz each consent to the personal jurisdiction of those courts and waive any objection to venue there. Nothing in these Terms deprives you of the protection of any mandatory consumer-protection provision of the law of your place of residence that cannot be waived by agreement, or of the right to bring proceedings in the courts of that place where applicable law so requires.
11. GENERAL PROVISIONS
11.1. Entire Agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and Cloudbyz regarding your use of the Site and supersede all prior and contemporaneous understandings on that subject. These Terms do not amend, and are not amended by, any Subscription Agreement.
11.2. Severability. If any provision of these Terms is held invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permissible or, if it cannot be, severed, and the remaining provisions will continue in full force and effect. This Section 11.2 does not apply to Section 9.4, which is governed by the express non-severability rule stated in that Section.
11.3. No Waiver. No failure or delay by Cloudbyz in exercising any right under these Terms is a waiver of that right, and no waiver is effective unless in writing and signed by an authorized representative of Cloudbyz.
11.4. Assignment. You may not assign or transfer these Terms or any right or obligation under them without Cloudbyz's prior written consent. Cloudbyz may assign these Terms without restriction, including to an affiliate or in connection with a merger, acquisition, reorganization, or sale of assets. These Terms bind and benefit the parties and their permitted successors and assigns.
11.5. Relationship; No Third-Party Beneficiaries. You and Cloudbyz are independent parties, and these Terms create no partnership, joint venture, agency, franchise, fiduciary, or employment relationship. Cloudbyz's affiliates may enforce these Terms. Except as stated in this Section 11.5, these Terms create no third-party beneficiary rights.
11.6. Electronic Communications and Notices. You consent to receive communications and notices from Cloudbyz relating to the Site electronically, including by email to any address you provide and by posting on the Site, and you agree that such communications satisfy any legal requirement that a communication be in writing. Notices to Cloudbyz under these Terms, including notices under Section 9.2 and Section 9.8, must be sent in writing by mail to the address in Section 12.
11.7. Export Control and Sanctions. You will comply with all applicable export control, economic sanctions, and import laws in connection with your use of the Site, and you will not access or use the Site in violation of them.
11.9. Force Majeure. Cloudbyz is not liable for any failure or delay in making the Site available that results from a cause beyond its reasonable control, including act of God, natural disaster, act of terrorism, labor dispute, governmental action, telecommunications or internet failure, denial-of-service attack, or other malicious act.
11.10. Termination. These Terms remain in effect while you use the Site. Cloudbyz may terminate or suspend your access to the Site at any time as provided in Section 2.7. Sections 2.2, 2.3, 4.4, 5, 6, 7, 8, 9, 10, and 11 survive any termination.
11.11. Interpretation; Headings. Headings are for convenience only and do not affect interpretation. “Including” means “including without limitation.” References to the singular include the plural and vice versa. Any ambiguity in these Terms will not be construed against the drafter.
12. CONTACT INFORMATION
Cloudbyz Inc., 4320 Winfield Road, Suite 200, Warrenville, IL 60555, USA.
Legal notices, pre-arbitration notices under Section 9.2, and arbitration opt-out notices under Section 9.8 must be sent by mail to that address, marked “Attention: Legal Department.” General inquiries may be directed to the contact address listed in the “Contact Us” section of www.cloudbyz.com.
