FluidCloud, Inc. provides: (i) a FluidCloud user account website that may be accessed at fuelcloud.com (“Site”); (ii) services accessible through the Site (“Web Applications”); (iii) downloadable software to your portable device (“Mobile Applications”); (iv) subscription services, including services that can be accessed using the Web Applications and Mobile Applications (“Subscription Services”); all for use in conjunction with FluidCloud hardware products (“Products”) and in other ways that FluidCloud provides. Some FluidCloud products and Services can be utilized together with products and services from third parties. The term “Services” means Site, Web Applications, Mobile Applications and Subscription Services.

Please read the following terms and conditions (“Terms and Conditions”) relating to your use of these Services carefully. By accessing, browsing or otherwise using these Services you, the individual user have read, understood and agree to be legally bound by these Terms and Conditions, and to comply with all applicable laws and regulations, without limitation or qualification, and further acknowledge that you have the authority and do hereby legally bind the business entity, if any, to which you serve as agent, independent contractor or employee thereof to the same terms, without limitation or qualification. These terms shall take effect immediately on your first use of any Services. If you do not agree to be bound by these Terms and Conditions, do not proceed any further and do not use any FluidCloud Services.

We reserve the right to modify these Terms and Conditions at any time. You should check these Terms and Conditions periodically for changes. By using this Site after we post any changes to these Terms and Conditions, you agree to accept those changes, whether or not you have reviewed them. If at any time you choose not to accept these Terms and Conditions of use, please do not utilize this Site. These Terms and Conditions do not apply to any Site owned and/or operated by or on behalf of any third party even if we provide a link to such website on our Site. Please refer to the terms of use of any such third-party websites for information regarding the terms and conditions of your use of such websites.

Please note that you may only access these Services if you have the legal capacity to enter into a contract, you are compliant with these Terms and Conditions, and all applicable international, federal, state, local and municipal or similar laws, rules and regulations are met. Any use or access of Services under the age of 18 is not only prohibited, but is also a violation of these Terms and Conditions.

1. USE

You are hereby granted a non-exclusive; non-transferable, limited right to access fuelcloud.com. Such grant does not include, without limitation: (a) any resale or commercial use of this Site; (b) modification, adaptation, translation, reverse engineering, decompilation, disassembly or conversion into human readable form any of the information on this Site not intended to be so read, including use of or directly viewing the underlying HTML or other code from this Site except as interpreted and displayed in a web browser; (c) copying, imitating, mirroring, reproducing, distributing, publishing, downloading, displaying, performing, posting or transmitting any Site information (including any FluidCloud trademarks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; (d) the collection and use of any product listings or descriptions; (e) making derivative uses of the Site and any information on the Site; or (f) use of any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on the Site or to collect any information from the Site or any other user of the Site. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under a patent, trademark, copyright, or proprietary right of FluidCloud or any third party. You may not use any meta tags or any other "hidden text" utilizing FluidCloud's name, trademark, or product name without our express written consent. "Site information" means all materials on the Site, including, without limitation, trademarks, design, product description, HTML text, graphics, other files, photographs, codes, software layout, designs forms and the selection and arrangement thereof.

From time to time, FluidCloud may develop patches, updates, upgrades and other changes/modifications to improve the performance of the Services and/or software associated with use of the Services (collectively “Upgrades”). These may be automatically installed without providing you any further notice or requesting further consent from you. You hereby consent to such Upgrades. If you do not wish to receive Upgrades, your sole recourse is to terminate your Account and to stop using FluidCloud Services. You acknowledge that you may be required to install Upgrades to use the Services and you agree to promptly do so.

FluidCloud considers it paramount to focus on the security of your personal data provided. However, FluidCloud cannot ensure that unauthorized third parties will always be prevented from penetrating FluidCloud security measures or access your personal data for unauthorized use. You acknowledge that you provide your personal information at your own risk.

FluidCloud has the unilateral right at any point in time to modify, suspend or discontinue the Services or any part thereof with or without notice. You agree that FluidCloud will not be liable to you or to any third party for any such modification, suspension or discontinuance of the Services or any part thereof.

2. REGISTRATION OF ACCOUNT

To use the Services, you must register for a FluidCloud user account (“Account”) and provide certain requested information about yourself. You agree to provide accurate and current information about yourself so that FluidCloud is able to provide superior service to you. You agree to notify FluidCloud whenever any of your previously-submitted information changes. FluidCloud shall not be held liable or responsible for Services which you do not receive as a result of your inability to provide updated information. Should you provide false or misleading information, or if FluidCloud perceives that you have provided false or misleading information, FluidCloud reserves the right to suspend or terminate your Account.

3. PERSONAL INFORMATION AND PRIVACY PROTECTION

Personal information encompasses all of the personally-identifying information you may provide to FluidCloud through accessing its Site. FluidCloud will limit the distribution of personally-identifying information. To that end, FluidCloud will only share or utilize your personal information only if necessary and allowed by law to administer FluidCloud’s business to you as a customer. FluidCloud further limits the access to your personal information by FluidCloud employees only to those necessary to process any order or request by you. Unless required by law or you grant permission to us, FluidCloud will not share personal information with any third parties for their own use.

4. COOKIE POLICY

By using or accessing the Website, you are consenting to FluidCloud’s use of Cookies as follows:

This policy helps to explain the occasions when and why cookies may be sent to visitors to the Site. “Cookies” are text-only pieces of information that a web site transfers to an individual’s hard drive or other web site-browsing equipment for record-keeping purposes. Cookies allow the Site to remember important information that will make your use of the Site more convenient. A cookie will typically contain the name of the domain from which the cookie has come, the “lifetime” of the cookie, and a randomly generated unique number or other value. Like most web sites, FluidCloud uses cookies for a variety of purposes in order to improve your online experience, for analytics and for marketing, but specifically we use Cookies on the Website for the following purposes:

1. Analytical Purposes: We use Cookies to analyze user activity in order to improve the Site. For example, using Cookies we can look at aggregate patterns and can use such analysis to gain insights about how to improve the functionality and user experience of the Site.
2. Your Preferences: We use Cookies to store certain user preferences on our Site. For example, we may store the recent searches you have performed in a Cookie so that we can allow you to easily repeat those searches when you return to our Site.
3. Marketing: We use Cookies from third-party partners for marketing purposes. These Cookies allow us to display FluidCloud promotional material to you on other sites you visit across the Internet.
4. Referral Tracking: We use Cookies to associate user activity with the third party web site that referred the user to our Site. We do not share any personal information or information about individual user activities with these partner entities.
5. Session Cookies are temporary cookies that remain in the cookie file of your browser until you leave the Website.

5. AGREED USAGE OF LIMITATIONS OF FUELCLOUD SERVICES

• (a) FluidCloud relies on or works with third party products and services. These third party products and services are beyond FluidCloud’s control, but their operation may impact or be impacted by the use and reliability of the FluidCloud Site. You acknowledge and agree that: (i) the use and availability of the Services is dependent on third party product vendors and service providers; (ii) these third party products and services may not operate in a reliable manner all of the time, and they may impact the way that FluidCloud Services operate; and (iii) FluidCloud is not responsible for damages and losses due to the operation of these third party products and services.
• (b) You acknowledge that the availability of the Services is dependent on: (i) your computer, mobile device, home wiring, home Wi-Fi network, Bluetooth connection, and other related equipment (“Equipment”); (ii) your Internet service provider (“ISP”); and (iii) your mobile device carrier (“Carrier”). You acknowledge that you are responsible for all fees charged by your ISP and Carrier in connection with your use of the Services. You also acknowledge that you are responsible for compliance with all applicable agreements, terms of use/service, and other policies of your ISP and Carrier.
• (c) FluidCloud may provide the opportunity for you to interface with Third Party Products. You acknowledge that Third Party Products and Services that you connect to your account or interface with are not FluidCloud products and services, and you acknowledge and agree that FluidCloud does not control, and that these Terms and Conditions do not apply to, any Third Party Products and Services. Use of any Third Party Products and Services is governed by separate terms and conditions provided by the operator(s) of the applicable Third Party Products and Services. You acknowledge and agree that FluidCloud makes no representation or warranty about the safety of any Third Party Products or Services. Accordingly, FluidCloud is not responsible for your use of any Third Party Product or Service or any personal injury, death, property damage (including, without limitation, to your home), or other harm or losses arising from or relating to your use of any Third Party Products or Services. You should contact the Third Party with any questions about their Products and Services.
• (d) The Site may contain links to other web sites operated by third parties (“Third Party Sites”) and referrals to third party vendors (“Referred Vendors”). Such Third Party Sites and Referred Vendors are not under FluidCloud’s control. FluidCloud provides these links and referrals only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to such Third Party Sites or Referred Vendors. Your use of these Third Party Sites is at your own risk.
• (e) FluidCloud is not responsible for third parties or their products and services, including, without limitation: Third Party Products and Services, Third Party Sites, Referred Vendors, Equipment, ISPs, and Carriers. FluidCloud hereby disclaims and you hereby discharge, waive and release FluidCloud and its licensors and suppliers from any past, present, and future claims, liabilities, and damages, known or unknown, arising out of or relating to your interactions with such third parties and their products and services.

6. LIMITATIONS OF FUELCLOUD SERVICES DUE TO THIRD PARTIES

• (a) FluidCloud relies upon or interfaces with third party products and services. These third party products and services are beyond FluidCloud’s control, but their operation may impact or be impacted by the use and reliability of the FluidCloud Services. You acknowledge and agree that: (i) the use and availability of the Services is dependent on third party product vendors and service providers; (ii) these third party products and services may not operate in a reliable manner all the time, and they may impact the way that the FluidCloud Services operate, and (iii) FluidCloud is not responsible for damages and losses due to the operation of these third party products and services.
• (b) You acknowledge that FluidCloud uses third party service providers to enable some aspects of the Services – such as, for example, data storage, synchronization, and communication.
• (c) You acknowledge that the availability of the Services is dependent on: (i) your computer, mobile device, home wiring, home Wi-Fi network, Bluetooth connection, and other related equipment (“Equipment”); (ii) your Internet service provider (“ISP”); and (iii) your mobile device carrier (“Carrier”). You acknowledge that you are responsible for all fees charged by your ISP and Carrier in connection with your use of the Services. You also acknowledge that you are responsible for compliance with all applicable agreements, terms of use/service, and other policies of your ISP and Carrier.

7. PRICE, INVENTORY AND PRODUCT AVAILABILITY

FUELCLOUD DOES NOT ENSURE PRICE OR QUANTITY OF ANY PARTICULAR ITEM LISTED ON THIS SITE. ALL ORDERS ARE ACCEPTED, ACKNOWLEDGED AND SHIPPED UNDER FUELCLOUD STANDARD TERMS AND CONDITIONS. IF YOU HAVE A QUESTION CONCERNING FUELCLOUD STANDARD TERMS AND CONDITIONS, PLEASE CONTACT A CUSTOMER REPRESENTATIVE.

FUELCLOUD CANNOT ENSURE THE LISTED QUANTITY OF ANY ITEMS. THERE ARE A MULTITUDE OF CIRCUMSTANCES THAT MAY AFFECT ITEM AVAILABILITY. SUCH FACTORS INCLUDE THE NUMBER OF ORDERS RECENTLY RECEIVED FOR SUCH ITEM AND THE DATE AND TIME YOUR ORDER IS PLACED. FOR SUCH REASONS FUELCLOUD CANNOT GUARANTEE THE PRICES OF ANY LISTED ITEM. CERTAIN ITEMS MAY BE DISCONTINUED WITHOUT NOTICE.

8. COPYRIGHTS, TRADEMARKS AND OTHER INTELLECTUAL PROPERTY NOTICES

The materials on this Site are protected by copyright, trademark, patent, and/or other intellectual property laws, and any unauthorized use of the materials may violate such laws and the Terms and Conditions. Except as expressly provided herein, FluidCloud does not grant any express or implied rights to use such materials. You agree not to copy, publish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Site, or its materials.

The software and accompanying documentation that is from time to time made available to download from this Site is the copyrighted and/or patented work of FluidCloud. Use of the software is governed by the terms of the license agreement that is included with such software. Such terms are available for review in the software and are incorporated herein by this reference. If you do not agree to such terms, you will not be able to use the software. Absent a license agreement that accompanies the software, use of the software will be governed by the Terms and Conditions. You agree that you will not decompile, reverse engineer, or otherwise attempt to discover the source code of the software available on the Site.

The trademarks, logos, and service marks ("Marks") displayed on this Site are the property of FluidCloud or third parties. You are not permitted to use the Marks without the prior written consent of FluidCloud or such third party that may own the Marks.

References to other companies and their products use trademarks owned by the respective companies and are for reference purposes only.

9. LIMITATION OF LIABILITY

The material on this Site may contain inaccuracies and typographical or other errors. FluidCloud makes no representations about the accuracy, reliability, completeness, or timeliness of the material or about the results to be obtained from using the Site and/or the material therein. Use of the Site and any information contained therein is at your own risk. The material and other content on this Site may or may not be periodically updated or revised at any time. These Terms and Conditions shall apply with equal force to any and all such updates or revisions.

FUELCLOUD DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THIS SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS OR COMPUTER CODE THAT MAY BE TRANSFERRED TO YOUR COMPUTER WHEN DOWNLOADED. IF YOUR USE OF THE SITE AND OF THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACEMENT OF EQUIPMENT OR DATA, FUELCLOUD IS NOT RESPONSIBLE FOR THOSE COSTS.

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT FUELCLOUD IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH ANY OF FUELCLOUD’S MATERIAL, OR WITH ANY OF THE CONTENT LOCATED ON THIS SITE, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE REMEDY IS TO DISCONTINUE USING THIS WEBSITE.

10. WARRANTY DISCLAIMERS

• (a) THE SERVICES ARE PROVIDED FOR YOUR CONVENIENCE “AS IS” AND “AS AVAILABLE” AND FUELCLOUD AND OUR LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT.
• (b) FUELCLOUD AND OUR LICENSORS AND SUPPLIERS MAKE NO WARRANTY THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICES: (I) WILL SATISFY YOUR NEEDS; (II) WILL BE COMPATIBLE WITH YOUR HOME NETWORK, COMPUTER OR MOBILE DEVICE; (III) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (IV) WILL BE ACCURATE OR RELIABLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FUELCLOUD OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY.
• (c) WHEN YOU INSTALL, SETUP OR USE PRODUCTS AND SERVICES LIKE THOSE PROVIDED BY FUELCLOUD YOU ARE GIVEN THE CHANCE TO ALTER DEFAULTS OR CHOOSE PARTICULAR SETTINGS. THE CHOICES SELECTED CAN RESULT IN DAMAGE OR LEAD TO NON-RECOMMENDED OPERATION OF YOUR CONNECTED EQUIPMENT OR SYSTEMS. YOU ASSUME ALL LIABILITY FOR SUCH DAMAGE WHEN YOU CHOOSE PARTICULAR SETTINGS OR ADJUST DEFAULTS.
• (d) FUELCLOUD MAKES NO REPRESENTATIONS CONCERNING ANY CONTENT CONTAINED IN OR ACCESSED THROUGH THE SERVICES, AND FUELCLOUD WILL NOT RESPONSIBLE OR LIABLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY OR DECENCY OF MATERIAL CONTAINED IN OR ACCESSED THROUGH THE SERVICES. FUELCLOUD MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING SUGGESTIONS OR RECOMMENDATIONS OF SERVICES OR PRODUCTS OFFERED OR PURCHASED THROUGH THE SERVICES.

11. DISCLAIMER OF DAMAGES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL FUELCLOUD, ITS OFFICERS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, AGENTS, AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SITE; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, DATA, HARD-DRIVE OR SERVER; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTIES ON THE SITE; OR ANY OTHER MATTER RELATING TO THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT FUELCLOUD IS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12. LINKS TO THIS SITE AND OTHER SITES

You may provide links to this Site provided that: (i) you link only to the front page of this website, fuelcloud.com (ii) you do not remove, alter, obscure or in any fashion eliminate the copyright notice, or other notices on this Site; and (iii) you discontinue providing a link to this Site if instructed to do so by FluidCloud or one of its representatives. Further, this Site may contain links to websites of FluidCloud business partners. FluidCloud is not responsible for the content of their websites or the actions of the owners/operators of the websites. FluidCloud does not make any representations regarding the content or accuracy of materials on such third-party websites. FluidCloud shall not, however, be a party to any contract entered by you, the user, and any third-party as a result of contract with the websites linked from this Site, and thereby does not in any fashion, guarantee the performance of any third-party under any contract. You hereby release FluidCloud and its affiliates from any damages that you incur, and agree not to assert any claims against FluidCloud, arising from your use of these third party products or services, or the breach of any third party contract.

13. DISPUTES AND ARBITRATION

• (a) If a dispute (the “Dispute”) arises between you and FluidCloud, FluidCloud deems it paramount to learn and resolve your concerns. You agree you will contact FluidCloud concerning any dispute you have with FluidCloud regarding these Terms and Conditions or FluidCloud’s Products and/or Services by contacting FluidCloud at 503-538-2513.
• (b) You and FluidCloud agree to submit any claim, dispute, action, cause of action, issue, or request for relief arising out of or relating to these Terms and Conditions or your use of the Services to binding arbitration rather than by filing any lawsuit in any forum other than set forth in this section. Further, you agree arbitration is final and binding and subject to only very limited review by a court. You also waive your right to any form of appeal, review or recourse to any court or other judicial authority, insofar as such waiver may be validly made. This provision is to be interpreted broadly to encompass all disputes or claims arising out of or relating to your use of the Services will be resolved by binding arbitration except that you may take all claims to small claims court if they qualify for hearing by such a court.
• (c) No party may initially institute any civil action in the federal or state court system concerning any Dispute under this Terms of Service. If you and FluidCloud are unable to agree on the resolution of a Dispute within 60 days after you first present such claim to FluidCloud, then either party may initiate the dispute resolution procedure described in this section by giving the other party written notice, describing with reasonable specificity the Dispute, stating the party’s proposed resolution of the Dispute, and referring to this Agreement. If the parties are unable to negotiate an acceptable resolution of the Dispute within thirty (30) days of the date of the notice, then any party may file suit in Washington County Circuit Court for the sole purpose of referring the Dispute to a referee as provided in Oregon Rule of Civil Procedure 65.If a Dispute is referred to a referee,you agree that the presiding judge of the Washington County Circuit Court may appoint a referee by selecting a referee from the reference judge panel maintained by that Court. Within twenty (20) days after receiving notification of the selection of the referee, either party may file with the presiding judge a written objection to the referee selected and request that the presiding judge select another referee. Each party will be allowed three objections and no more.The decision of the referee will be final and binding on the parties, and may not be appealed to any forum. The referee’s findings resulting from the proceeding may be confirmed, relief in accordance therewith obtained, and a final judgment entered in the Washington County Circuit Court.
• (d) There shall be no right or authority for any claims subject to this arbitration clause to be arbitrated on a class action or consolidated basis or on bases involving claims brought in a purported representative capacity on behalf of the general public (including, but not limited to, as a private attorney general).
• (e) All administrative fees and expenses of arbitration will be divided equally between you and FluidCloud. Each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at the arbitration hearing.

14. DIGITAL MILLENNIUM COPYRIGHT ACT

FluidCloud is committed to complying with copyright and related laws, and requires all users of the Site to comply with these laws. You may not store, post, modify, distribute, reproduce in any way, use or disseminate any material or content though the Site in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by copyright law.

Owners of copyrighted works who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act (the “DMCA”) to report alleged infringements. FluidCloud does not, and will not, make any legal decisions about the validity of your claim of infringement or the possible defenses to a claim. Upon our receipt of a proper notice of claimed infringement under the DMCA, FluidCloud will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue. FluidCloud may contact the notice provider to request additional information. FluidCloud reserves the right to disregard a notice that is not in compliance with the DMCA. Under the DMCA, FluidCloud is required to take reasonable steps to notify the user who posted the allegedly infringing content. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send FluidCloud a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices with respect to the Site should be sent to Kevin A. Bretthauer, 453 SW Washington Street, Hillsboro, OR 97123, (kevin@fuelcloud.com and 503-538-2513).

If you are uncertain whether particular material infringes a copyright held by you or a third party, you should contact an attorney. Anyone making a false or fraudulent notice or counter-notice may be liable for damages under the DMCA, including costs and attorneys' fees.

To be effective, your Notification of Claimed Infringement must be in writing, sent to FluidCloud’s designated agent listed below and contain the following information:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. A description of the copyrighted work or other intellectual property that you claim has been infringed;
3. A description of where the material that you claim is infringing is located to permit us to locate the material;
4. Your contact information, including your name, address, telephone number, and email address;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
6. A statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

15. USE OF IMAGES

Images of people or places displayed on the Sites are either the property of, or used with the permission or under license by FluidCloud. The use of these images by you, or anyone else authorized by you, is prohibited. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy or publicity, and communications regulations and statutes.

16. CONTROLLING LAW

These Terms and Conditions shall be governed and interpreted in accordance with the laws of the state of Oregon without giving effect to any conflict of laws principles that may provide the application of law of another jurisdiction. You irrevocably commit to the personal jurisdiction and venue of the state and federal courts in or for Washington County, Oregon, for the purpose of resolving all such claims or disputes, and you hereby waive any objection thereto. The parties further agree that these Terms and Conditions shall be deemed to have been entered into, executed and performed for all purposes within the state of Oregon.

17. TERM AND TERMINATION

These Terms and Conditions will remain in full force and effect so long as you continue to access or use the Services, or until terminated in accordance with the provisions of these Terms and Conditions. At any point in time FluidCloud may choose to: (i) disable to terminate your rights to access or utilize the Services; or (ii) terminate these Terms and Conditions with respect to you if FluidCloud in good faith perceives you have used the Services in violation of these Terms and Conditions. Upon termination of these Terms and Conditions, your Account and your right to use the Services will automatically terminate.

18. MISCELLANEOUS

• (a) Notwithstanding the foregoing, FluidCloud may seek injunctive relief or other equitable relief to protect its confidential information and intellectual property rights or to prevent loss of data or damage to its servers in any court of competent jurisdiction.
• (b) These Terms and Conditions constitute the entire agreement between you and FluidCloud regarding the use of the Services. Any failure by FluidCloud to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision. The section titles in these Terms and Conditions are for convenience only and have no legal or contractual effect. If any provision of these Terms and Conditions is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms and Conditions will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent allowable by law.
• (c) These Terms and Conditions, and any associated rights or obligations, may not be assigned or otherwise transferred by you without FluidCloud’s prior written consent. These Terms and Conditions may be assigned by FluidCloud without restriction. These Terms and Conditions are binding upon any permitted assignee.
• (d) FluidCloud may provide notifications to you as required by law or for marketing or other purposes via (at its option) email to the primary email associated with your account. FluidCloud is not responsible for any automatic filtering you or your network provider may apply to e-mail notifications. FluidCloud advises that you add Fuelcloud.com addresses to your e-mail address book to ensure you receive e-mail notifications from FluidCloud.

19. FUELCLOUD SUBSCRIPTION AND PREPAYMENT

Your subscription (“FluidCloud Subscription”) will be billed in advance on a recurring basis, and will automatically renew at the end of each billing period until you disable your Products and cancel your FluidCloud Subscription through your billing management page. Prepayment to FluidCloud ("Prepayment") are funds that are billed in advance, then used by FluidCloud to pay your FluidCloud Subscription. You may cancel your FluidCloud Subscription at any time. If you cancel your FluidCloud Subscription, your FluidCloud Services will terminate immediately. There will be no refunds or credits for remaining time on your FluidCloud Subscription or for any remaining funds you have paid to FluidCloud with Prepayment.