1. INTRODUCTION

Armour Cloud LLC (“ARMOUR CLOUD”) provides its Internet services, as they may exist from time to time (“Services”), to Customers who pay a monthly service fee to subscribe to the Services (“Customers”). The Armour Cloud LLC Customer Agreement and Terms and Conditions of Service (“Agreement”), which incorporates the Armour Cloud LLC Acceptable Use Policy, the Privacy Policy and other policies published on the Armour Cloud LLC  pages, is a legal document that details your rights and obligations as a Armour Cloud LLC  Customer. You cannot become an Armour Cloud LLC Customer until you have accepted the terms of this Agreement.  By establishing an account or using the Services, you agree to be bound by this Agreement and to use the Services in compliance with this Agreement, and our other policies. The Agreement provides very important information about your Armour Cloud LLC Service, so you should take the time to read and understand it. You should also take the time to review the Armour Cloud LLC Privacy Policy, the Armour Cloud LLC Acceptable Use Policy and other Armour Cloud LLC policies posted on the Armour Cloud LLC pages.  The Internet and online world is changing rapidly and as technology and Armour Cloud LLC business continue to evolve, these policies may be updated or revised.  You should periodically check these policies so you are aware of any changes to them. If you do not agree to the terms and conditions of this Agreement, including any future revisions, you may not use the Services and if you are a current Customer, you must terminate your use of the Services under Section 9. Continued use of the Services constitutes acceptance of this Agreement and any future versions. If you are dissatisfied with the Services or any related terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the Services and, if you are a Customer, to terminate your account.

 

  1. SERVICE BASICS

To be a Customer to Armour Cloud LLC Services, you must be at least 18 years old. This Agreement is your entire agreement with Armour Cloud LLC and governs your use of the Armour Cloud LLC‘s Services. Armour Cloud LLC may offer new products and services in the future, which may have additional terms and conditions.  We will ensure that any such additional terms and conditions are available to you before you agree to purchase any such other products or services.

 

  1. PAYMENT

(a) You accept full responsibility for any charges, including monthly use, equipment and installation (collectively, “charges”) that are incurred in connection with the Service.  You will be charged for the Service and all charges on a monthly basis, commencing on the first day of installation until the Service is terminated by Customer or by Armour Cloud LLC.  You authorize Armour Cloud LLC to charge your credit card or debit your checking account in advance for any charges incurred or due to Armour Cloud LLC. We expect you to pay your account balance on time.  We will give you 10 days from the date on your account statement to pay your bill.  Armour Cloud LLC will assess an additional 1.5% per month late charge if your payment is more than 30 days past due.  If your payment is not received by Armour Cloud LLC on or before the due date and Armour Cloud LLC is unable for any reason to charge your account for such Service, you will be in default and Armour Cloud LLC may disconnect your Service and collect any Armour Cloud LLC equipment in your possession as permitted by applicable law. Armour Cloud LLC is not responsible for any charges or expenses (e.g. for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by Armour Cloud LLC.

(b)   Every time you use Armour Cloud LLC ’ Services, you re-affirm that Armour Cloud LLC is authorized to charge your credit card or withdraw funds via electronic transfer from your checking account, depending on which payment method you have selected. You also agree that you will be billed for and will pay any outstanding balances if you cancel your Service or are terminated. You are responsible and liable for any fees, including attorney and collection fees, that Armour Cloud LLC may incur in its efforts to collect any remaining balances from you.

(c)  In addition to monthly charges for the Services, you are responsible for the following additional charges, as applicable:   All city, state, and federal taxes and other required charges on the Service, and any third party fees that may apply to the Service; the cost for installation of any additional equipment or Service that Armour Cloud LLC  may install on your computer or at your address; the cost of any other product or service for which there is an additional service charge; and the replacement cost of all Armour Cloud LLC parts or equipment which may be damaged, lost, or stolen while in your possession.

(d)  You must provide Armour Cloud LLC with accurate and complete billing information including your legal name, email address, address, telephone number, and credit card/billing information, and report to Armour Cloud LLC all changes to this information within thirty (30) days of the change.  You may inform ARMOUR CLOUD of such changes by calling the Armour Cloud LLC at (602) 529-3435.

(e)   If you have any questions regarding charges to an account, please contact Armour Cloud LLC (602) 529-3435. All charges are considered valid unless disputed in writing within sixty (60) days of the billing date. Adjustments will not be made for charges that are more than 60 days old.  If you cancel near the end of your billing period and are inadvertently charged for the next month’s fee, contact Armour Cloud LLC to have the charges reversed.

 

  1. SERVICE/REPAIR & CUSTOMER CARE

If you have any general questions or problems relating to ordering, billing, or have any problems with any of the equipment or software related to your Service or any questions or problems of a technical nature, you may contact Armour Cloud LLC by email at support@armourcloud.io or by phone at (602) 529-3435 for assistance.

 

  1. RATES

Armour Cloud LLC retain sole discretion in establishing the rates it charges for any of its products or services. Armour Cloud LLC reserves the right to change prices and institute new fees at any time upon 30 days prior notice.

 

  1. GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that Armour Cloud LLC may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, and the maximum disk space that will be allotted on Armour Cloud LLC  servers on your behalf. You agree that Armour Cloud LLC has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You further acknowledge that Armour Cloud LLC reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

 

  1. SERVICE INSTALLATION

(a) Computer Equipment Requirement. Armour Cloud LLC or its agent or contractor has provided you with information regarding the minimum hardware and operating system requirements necessary to use the Services. You represent and agree that you have reviewed those materials and that the computer in which any equipment necessary for the delivery of the Service (the “Equipment”) will be installed meets these minimum computer requirements. Further, you understand that you must possess original (or equivalent) media (CD, disk, etc.) for the Operating System in order for an installation to be successful.

(b) Back-Up Requirements. The installation, use, inspection, maintenance, repair and removal of any Equipment may result in service outage or potential damage to your computer. You acknowledge and agree that you are solely responsible for backing-up all existing computer files by copying them to another storage medium prior to installation of the Equipment, and prior to any inspection, maintenance, repair or removal of the Equipment. Armour Cloud LLC and its employees, agents, contractors and representatives shall have no liability whatsoever for any damage to or loss or destruction of any of your software, files, data or peripherals.

(c) Computer Access; File Modification. In order to install the Equipment, it may be necessary to open your computer. In addition, as part of the installation process for the software, as when most software is installed on a computer, system files on your computer, such as INI, BAT, SYS and DLL files, may be modified or deleted. Armour Cloud LLC  does not represent, warrant, nor covenant that such modifications or deletions will not disrupt the normal operations of your computer, and Armour Cloud LLC and its agents and contractors shall have no liability whatsoever for any damages resulting from the modifications or deletions.

(d) Full Installation. If you choose to have Armour Cloud LLC install the Service, you agree to pay Armour Cloud LLC the standard fees for Full Installation. Further, if you choose to have Armour Cloud LLC install the Service, you agree to permit Armour Cloud LLC to open your computer in order to install the Equipment. Armour Cloud LLC or its agent or contractor shall use reasonable efforts to install the Equipment to full operational status. If you choose to have Armour Cloud LLC  install the Service (or if you are in an area where the self-install option is not available), you hereby grant Armour Cloud LLC  and its agents, employees, contractors and representatives permission to enter your home in order to install, maintain, inspect, repair or remove Armour Cloud LLC  Equipment and/or connect Service.  You understand that you must be present during an installation appointment at your home at a time mutually convenient for you and Armour Cloud LLC

(e) Self-Installation.   At Armour Cloud LLC sole discretion depending on your location, Armour Cloud LLC may permit you to perform installation of the Equipment and software necessary to receive the Services yourself or have installation performed by a third party that you select. In such case, Armour Cloud LLC or its agent or contractor shall supply any necessary modem equipment, information on how to obtain a network interface card (if required), and limited quantities of necessary wiring supplies. You agree to pay Armour Cloud LLC the standard fees for Self-Installation. Current Self-Installation fees are available upon request.  Armour Cloud LLC  DOES NOT REPRESENT, WARRANT OR COVENANT THAT INSTALLATION BY YOU OR A THIRD PARTY CHOSEN BY YOU WILL ENABLE YOU TO SUCCESSFULLY ACCESS, OPERATE OR USE THE SERVICES, NOR THAT SUCH INSTALLATION WILL NOT CAUSE DAMAGE TO YOUR COMPUTER, DATA, SOFTWARE, FILES OR PERIPHERALS. IN ADDITION, Armour Cloud LLC AND ITS AGENTS AND CONTRACTORS SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE, OR FOR THE FAILURE TO PROPERLY INSTALL, ACCESS, USE OR OPERATE THE EQUIPMENT OR SERVICES BY ANY CUSTOMER WHO CHOOSES THIS METHOD OF INSTALLATION. THE FOREGOING LIMITATION OF LIABILITY IS IN ADDITION TO AND SHALL IN NO WAY BE CONSTRUED TO LIMIT ANY AND ALL LIMITATIONS OF LIABILITY SET FORTH ELSEWHERE IN THIS AGREEMENT

(f) Computer Warranty. You assume responsibility for affects to or loss of any warranty associated with the opening of your computer for installation of an internal card or modem of any kind necessary for the delivery of Armour Cloud LLC  service over the delivery network to which your home or apartment is connected.

 

  1. TERMINATION

(a) Customer Termination Rights. You can cancel your Services by delivering notice to Armour Cloud LLC at (602) 529-3435, or by sending your cancellation request via US Mail to: Armour Cloud LLC 7558 W Thunderbird Rd, STE 1-434 Peoria, AZ  85381, or by email to accounting@armourcloud.io. Cancellation of your Service will take effect within five (5) calendar days of receipt of your request.  You understand and agree that the cancellation of your account and the liability limitations set forth herein are your sole rights and remedies with respect to any dispute with Armour Cloud LLC.  This includes, but is not limited to, any dispute related to, or arising out of:  (i) any term of this Agreement or Armour Cloud LLC  enforcement or application of this Agreement; (ii) any policy or practice of Armour Cloud LLC, including Armour Cloud LLC  Acceptable Use Policy and the Armour Cloud LLC  Privacy Policy, or Armour Cloud LLC  enforcement or application of these policies; (iii) the content available through Armour Cloud LLC  or the Internet or any change in content provided through Armour Cloud LLC ; (iv) your ability to access and/or use Armour Cloud LLC ; or (v) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods.

(b)  Termination by Armour Cloud LLC.  Without prior notice, Armour Cloud LLC may terminate this Agreement, your password, your account, or your use of the Services, for any reason, including, without limitation, if Armour Cloud LLC, in its sole discretion, believes you have violated this Agreement, our Acceptable Use Policy, or any of the applicable user policies, or if you fail to pay any charges when due. Armour Cloud LLC may provide termination notice to you by email addressed to your email account, by US Mail or courier service to the address you provided for the Services, or by telephone.  Sections 3 (Payment), 7 (Service Installation), 9 (Termination), 12 (Disclaimer of Warranties) and 13 (Limitation of Liability) of this Agreement shall survive termination of this Agreement.

(c) Customer Obligations Upon Termination. You agree that upon termination of this Agreement: (i) you will pay Armour Cloud LLC in full for your use of Services up to the end of the billing cycle in which the Services have been disconnected; (ii) you will return or destroy all copies of any software provided by Armour Cloud LLC pursuant to this Agreement, including all back-up copies; and (iii) you will return all Armour Cloud LLC -owned Equipment, specifically including all modem Equipment.  If such Equipment is not returned in good working order (except ordinary wear and tear), Armour Cloud LLC may impose additional charges to cover the cost of repairing or replacing such Equipment.

 

  1. PROPRIETARY RIGHTS

Nearly all of the content available online is owned by others, and is protected by copyrights, trademarks, and other intellectual property rights. Specifically, Armour Cloud LLC and its service partners own all rights in the content that Armour Cloud LLC and its service partners create and publish in the Armour Cloud LLC pages.  Although it is very easy to copy things on the Internet, doing so without proper authorization or permission is neither acceptable nor legal.  Any content that you upload or download while using the service must be authorized; this means you must have the legal right to upload or download the content.  You must not copy, transmit, modify, distribute, show in public or in private or create any derivative works from any of the content you find online, unless you have the legal right to do so.  Making unauthorized copies of any content found anywhere online can lead to the termination of your Armour Cloud LLC account and may even subject you to further legal action beyond the termination of your Service as set forth in the Acceptable Use Policy.  Similarly, other content owners may take criminal or civil action against you.  In that event, you agree to hold harmless Armour Cloud LLC and its subsidiaries, affiliates, related companies, employees, officers, directors and agents.

Bear in mind that many areas of the Internet are public, like message boards, news groups, and forums, as well as your Personal Web Space, (a description of the PWS service is contained in the Acceptable Use Policy), and other individuals on the Internet will have access to your posted material and might copy, modify or distribute it. By submitting or posting content on public places on the Internet, you are representing that you are the owner of such material or have authorization to distribute it.

 

  1. DISCLAIMER OF WARRANTIES

(a)  YOU UNDERSTAND THAT ALL EQUIPMENT AND THE SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND. WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  YOU UNDERSTAND THAT ARMOUR CLOUD LLC DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE EQUIPMENT OR THE SERVICE. ARMOUR CLOUD LLC  MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

(b)  YOU ALSO UNDERSTAND THAT ARMOUR CLOUD LLC DOES NOT WARRANT THAT ANY DATA OR FILES SENT BY OR TO YOU WILL BE TRANSMITTED IN UNCORRUPTED FORM OR WITHIN A REASONABLE PERIOD OF TIME. ARMOUR CLOUD LLC DOES NOT CONTROL, HAS NO OBLIGATION TO MONITOR, AND MAKES NO REPRESENTATION OR WARRANTY REGARDING THE INFORMATION THAT MAY BE RECEIVED USING THE SERVICE, OR THE CONTENT THEREOF.  INFORMATION MAY BE RECEIVED USING THE SERVICE WHICH MAY BE OFFENSIVE AND INDECENT.  ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

(c)  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ARMOUR CLOUD LLC THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS.

(d)  CERTAIN EQUIPMENT MAY BE SUBJECT TO THIRD PARTY WARRANTIES WHICH MAY BE PASSED THROUGH ARMOUR CLOUD LLC TO CUSTOMER AT NO ADDITIONAL CHARGE. ARMOUR CLOUD LLC WILL COMPLY WITH ALL REASONABLE REQUIREMENTS NECESSARY TO AFFECT THE PASS-THROUGH OF THE WARRANTY TO CUSTOMER. AT ITS SOLE OPTION, ARMOUR CLOUD LLC  OR ITS AGENT MAY REPLACE DEFECTIVE EQUIPMENT ON BEHALF OF THE MANUFACTURER, PROVIDED CUSTOMER FOLLOWS ALL APPLICABLE PROCEDURES AND OBTAINS A RETURN MATERIALS AUTHORIZATION (RMA) NUMBER.

 

  1. LIMITATION OF LIABILITY

YOU AGREE THAT ARMOUR CLOUD LLC , YOUR LANDLORD, ITS PROPERTY MANAGER, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS OR AFFILIATED ENTITIES (COLLECTIVELY, THE “RELEASED PARTIES”) SHALL NOT BE LIABLE FOR ANY COSTS OR DAMAGES WHATSOEVER, DIRECTLY OR INDIRECTLY ASSOCIATED WITH THE INSTALLATION, OPERATION, FAILURE OR INTERRUPTION OF THE SERVICE OR ANY RELATED SERVICE, OR THE INSTALLATION, OPERATION, MAINTENANCE, SERVICE, OR REPAIR OF YOUR COMPUTER EQUIPMENT OR COMPUTER ACCESSORY EQUIPMENT. NOTWITHSTANDING ANYTHING TO THE CONTRARY THAT MAY BE CONTAINED HEREIN, YOU AGREE THAT THE RELEASED PARTIES SHALL NOT BE RESPONSIBLE FOR, AND YOU HEREBY RELEASE EACH OF THE RELEASED PARTIES FROM, ANY AND ALL LIABILITIES, COSTS, EXPENSES (INCLUDING REASONABLE ATTORNEY’S FEES), INJURIES, DEATHS, DAMAGES (INCLUDUING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES [EVEN IF ARMOUR CLOUD LLC  HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES], AND CLAIMS OF ANY KIND DIRECTLY OR INDIRECTLY RELATING TO OR ARISING OUT OF (i) THE INSTALLATION, USE, OPERATION, FAILURE OR INTERRUPTION OF ANY PRODUCT OR SERVICE OR RELATED SERVICE OR THE INSTALLATION, OPERATION, MAINTENANCE, SERVICE OR REPAIR OF ANY EQUIPMENT WHICH IS PART OF OR CONNECTED TO ANY ARMOUR CLOUD LLC  PRODUCT OR SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE, EVEN IF ANY SUCH LIABILITIES, COSTS, EXPENSES, INJURIES, DEATHS, DAMAGES OR CLAIMS RESULT FROM THE NEGLIGENCE, BUT NOT THE WILLFUL MISCONDUCT, OF ANY OF THE RELEASED PARTIES OR ANY PARTY FOR WHICH ANY OF THE RELEASED PARTIES MAY BE RESPONSIBLE.  IN ANY EVENT, YOU AGREE THAT THE AGGREGATE MAXIMUM LIABILITY OF ANY AND ALL OF THE RELEASED PARTIES, IN ANY EVENT, REGARDLESS OF THE THEORY ON WHICH SUCH CLAIM OF LIABILITY IS BASED, SHALL NOT EXCEED THE AMOUNT OR PRORATED PORTION THEREOF (BASED ON THE NUMBER OF DAYS THE APPLICABLE SERVICE WAS UNAVAILABLE OR OTHERWISE NOT SATISFACTORY) THAT YOU PAID FOR THE SERVICE FOR THE BILLING PERIOD IN WHICH THE ALLEGED LIABILITY ARISES. YOUR SOLE AND EXCLUSIVE REMEDIES UNDER THIS AGREEMENT ARE AS EXPRESSLY SET OUT IN THIS AGREEMENT.

 

  1. LIABILITY FOR CONTENT

(a)  You acknowledge that there is content on the Internet or otherwise available through the Services which may be offensive, or which may not be in compliance with all local laws, regulations and other rules. For example, it is possible through the use of the Services to obtain access to content which is pornographic, obscene, or otherwise inappropriate or offensive, particularly for children. With the exception of the content created by Armour Cloud LLC and its service partners that is available on the Armour Cloud LLC content pages, Armour Cloud LLC assumes no responsibility for and exercises no control over the content contained on the Internet or otherwise available through the Services. All content available on the Internet that is not created by Armour Cloud LLC or its service partners is deemed “Non-Armour Cloud LLC Content”.  In particular and without limiting the generality of the foregoing, Armour Cloud LLC neither censors nor monitors the legality of any Non-Armour Cloud LLC Content. All Non-Armour Cloud LLC Content accessed or received by Customer through the Services is accessed and used by Customer at Customer’s own risk, and Armour Cloud LLC and its employees, agents, contractors and representatives shall have no liability whatsoever for any claims, losses, actions, damages, suits or proceedings arising out of or otherwise relating to the access to or the receipt of such content by Customer. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SERVICES AND THE INTERNET AND ARE SOLELY RESPONSIBLE FOR EVALUATING THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL SERVICES, PRODUCTS, AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH THE SERVICE OR THE INTERNET.

(b)  Armour Cloud LLC Content Rights. Armour Cloud LLC has no obligation to monitor the Services content. However, Customer acknowledges and agrees the Armour Cloud LLC has the right to monitor content electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the Services properly or to protect itself or its Customers. Armour Cloud LLC  reserves the right to post or to remove any information or materials, in whole or in part, that in its sole discretion, are unacceptable, undesirable, or in violation of this Agreement.

 

  1. INDEMNIFICATION

Upon a request by Armour Cloud LLC , you agree to defend, indemnify and hold harmless Armour Cloud LLC  and its affiliated subsidiaries, employees, contractors, officers, directors, telecommunications providers and content providers from all liabilities, claims and expenses, including attorney’s fees, that arise from a breach of this Customer Agreement for which you are responsible or from the use of Armour Cloud LLC  or the Internet, or in connection with your transmission of any Content on Armour Cloud LLC .  Armour Cloud LLC  reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case, you shall have no further obligation to provide indemnification for Armour Cloud LLC  in that matter.

 

  1. GOVERNING LAW AND JURISDICTION

This Agreement, the rights and obligations of the parties hereto, and any claims or disputes hereunder, shall be governed by and construed in accordance with the laws of the State of Arizona without reference to conflict of law principles. All disputes arising out of or relating to this Agreement shall be submitted to the exclusive jurisdiction of the state and federal courts of Arizona, and each party irrevocably consents to such personal jurisdiction and waives all objections thereto. YOU WAIVE ANY RIGHTS TO A TRIAL BY JURY and agree that any lawsuit arising out of or in connection with this agreement shall be tried before a judge. You may not bring any claim, suit or proceeding more than one (1) year after the date of the cause of action.

Pricing Information.  Current rates for using Armour Cloud LLC may be obtained by calling (602) 529-3435.  Armour Cloud LLC, Inc. reserves the right to change fees, surcharges, monthly Service fees or to institute new fees at any time upon thirty (30) days prior notice, as provided for in the Customer Agreement at Section 2.

 

  1. GENERAL
  2. This Agreement, the Acceptable Use Policy, the Privacy Policy, and Armour Cloud LLC other user policies as they are posted on Armour Cloud LLC Web site from time to time, constitute the entire agreement and understanding between the parties with respect to the subject matter of this Agreement and supersedes and replaces any and all prior written or verbal agreements.
  3. You agree that this Customer Agreement is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Agreement and you also understand and agree that the Armour Cloud LLC Acceptable Use Policy and the Armour Cloud LLC Privacy Policy, including Armour Cloud LLC enforcement of those policies, are not intended to confer, and do not confer, any rights or remedies upon any person.
  4. In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect.
  5. Armour Cloud LLC , failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Nothing contained in this Agreement shall be construed to limit Armour Cloud LLC actions or remedies in any way, and Armour Cloud LLC reserves, at all times, all rights and remedies available to it at law or in equity.
  6. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement.
  7. This Agreement may not be assigned or transferred by Customer. This Agreement may be assigned or transferred by Armour Cloud LLC without consent of Customer.
  8. Armour Cloud LLC may revise, amend, or modify this Agreement, the Acceptable Use Policy and any other user policies and agreements, at any time and in any manner. Notice of any revision, amendment, or modification will be posted on Armour Cloud LLC Web site (https://armourcloud.io) and/or on Customer’s start pages and/or by email and/or in our various publications and mailings to Customers.