Terms of Use

Welcome to the Annex Cloud website (the “Website”). By accessing and using this Website, you agree to follow and be bound by the following terms and conditions concerning your use of this Website (“Terms of Use”). We may revise these Terms of Use at any time without prior notice.

If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. Annex Cloud’s failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition. Annex Cloud reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your transactions with Annex Cloud.

Permitted Use of the Website

You may download, view, copy, and print content, including documents, text and graphics from this Website so long as your use is limited solely to personal, informational, or non-commercial purposes and you do not modify or alter the content in any way. Except where your use constitutes “fair use” under copyright law, you may not otherwise use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any content, text, images or information, from this website in whole or in part without the express authorization of Social Annex, Inc. dba Annex Cloud (“Annex Cloud”).

Permitted Use of Content

All documents that you download from this site (“Content”) are the copyrighted work of Annex Cloud and/or its suppliers. Your use of the Content is governed by the terms herein. All rights, title, and interest to the content not expressly granted are reserved.

Notice; Electronic Communications

When you visit the Website or send emails to Annex Cloud, 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 the site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Passwords and Security

You are responsible for maintaining the confidentiality of any password(s) you are given to access the Website, and are fully responsible for all activities that occur under your password(s). You agree to notify Annex Cloud immediately of any unauthorized use of your password(s).

Termination of Use

You agree that Annex Cloud may, in its sole discretion, at any time terminate your access to password protected areas of the Website and any account(s) you may have in connection with the Website. Access to the secure areas of the Website may be monitored by Annex Cloud.

Links to Third Party Websites

This Website may contain links to third party websites or resources. You acknowledge and agree that Annex Cloud is not responsible for the contents of any linked site, any link contained in a linked site, or any changes or updates to such sites. Further, you acknowledge and agree that Annex Cloud is not responsible for any transmission received from any linked site. Links to third party sites are provided only as a convenience. Annex Cloud does not endorse any link made available through this Website.

Disclaimer

Annex Cloud makes no representations or warranties about the information or other materials published on this Website for any purpose and all information or other materials provided on this Website are provided “as is” without warranty of any kind, whether express or implied. Annex Cloud hereby disclaims all warranties with regard to the content of this site, including any warranties of Merchantability, fitness for a particular purpose, title, or non-infringement. Additionally, Annex Cloud makes no warranty that: (1) the information provided on this Website is accurate or reliable; (2) this Website and its content will meet your requirements; (3) this Website will not experience uninterrupted service; (4) this Website does not contain errors; or (5) this Website is secure from third parties.

Any content, materials, information or software downloaded or otherwise obtained through the use of the Website is done at your own discretion and risk. Annex Cloud has no responsibility for any damage to your computer system or loss of data that results from the download of any content, materials, information or software.

Annex Cloud reserves the right to make changes or updates to the Website at any time without notice.

Limited of Liability

In no event is Annex Cloud liable for any direct, special, punitive, indirect, or consequential damages or any damages whatsoever, including, but not limited to, loss of use, data, or profits, whether in an action of contract or tort (including negligence), or otherwise, arising out of your use of this Website.

Some Jurisdictions do not allow the limitation or exclusion of liability. Therefore, some of the limitations or exclusions contained above may not apply to you.

Indemnity

You (and also any third party for whom you operate an account or activity on the Website) agree to defend (at Annex Cloud’s request), indemnify and hold Annex Cloud, its officers, directors, employees and agents (the “Annex Cloud Parties”) harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf): (i) your content you submit to the Website or your access to or use of the Website; (ii) your breach or alleged breach of these Terms of Use; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by Annex Cloud in the defense of any claim. Annex Cloud reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Annex Cloud.

Arbitration

You agree that all disputes between you and Annex Cloud (whether or not such dispute involves a third party) with regard to your relationship with Annex Cloud, including without limitation disputes related to these Terms of Use, your use of this Website, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the American Arbitration Association’s rules for arbitration of consumer-related disputes and you and Annex Cloud hereby expressly waive trial by jury. As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules. You may bring claims only on your own behalf. Neither you nor Annex Cloud will participate in a class action or class-wide arbitration for any claims covered by this agreement.

You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if Annex Cloud is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either Annex Cloud or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use.

You may opt out of this agreement to arbitrate. If you do so, neither you nor Annex Cloud can require the other to participate in an arbitration proceeding. To opt out, you must notify Annex Cloud in writing within 30 days of the date that you first became subject to this arbitration provision. You must use this address to opt out:

Annex Cloud
ATTN: Legal – Arbitration Opt Out
5301 Beethoven Street, #260
Los Angeles, CA 90066

You must include your name and residence address, and a clear statement that you want to opt out of this arbitration agreement.

If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with Annex Cloud.

Time Limitation on Claims

You agree that any claim you may have arising out of or related to your relationship with Annex Cloud must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

Governing Law & Venue

These terms of use are governed by and construed in accordance with the laws of the state of California, without giving effect to any principles of conflicts of law and will specifically not be governed by the united nations conventions on contracts for the international sale of goods, if otherwise applicable. For any action at law or in equity relating to the arbitration provision of these terms of use, or if you opt out of the agreement to arbitrate, you agree to resolve any dispute you have with Annex Cloud exclusively in a state or federal court located in Los Angeles county, California, and to submit to the personal jurisdiction of the courts located in Los Angeles county for the purpose of litigating all such disputes.

If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. Annex Cloud’s failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition. Annex Cloud reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your transactions with Annex Cloud.

Entire Agreement

If you are using the Website on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. These Terms of Use constitute the entire agreement between you and Annex Cloud and governs your use of the Service, superseding any prior agreements between you and Annex Cloud. You will not assign the Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Annex Cloud. Any purported assignment or delegation by you without the appropriate prior written consent of Annex Cloud will be null and void. Annex Cloud may assign these Terms of Use or any rights hereunder without your consent. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms of Use remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify the Terms of Use. These Terms of Use do not confer any third-party beneficiary rights.

Trademarks

The following trademarks are our property: Annex Cloud, Social Annex. These marks may not be used without our consent on any product or service, except our own.

Copyright Notice

Copyright © 2005-2018, Social Annex, Inc. dba Annex Cloud All rights reserved.

Contact Us

Annex Cloud
ATTN: Legal
5301 Beethoven Street, # 260
Los Angeles, CA 90066
legal@annexcloud.com