Last Modified: July 11, 2022
Acceptance of the Terms of Service
These Terms of Service are entered into by and between you and Papas Cloud, LLC, (“Papa’s Cloud”) “Company”, “we” or “us”). The following terms and conditions (collectively, “Terms of Service”) govern your access to and Service of www.papascloud.com (“Website”), including any content, functionality, and services offered on or through the Website, whether as a registered user or guest.
Please read the Terms of Service carefully before you begin use of the Website. By browsing, using the Website, or by clicking to accept, consent, or agree to the Terms of Service when this option is made available to You, You accept and agree to be bound and abide by these Terms of Service.
If you do not want to agree to these Terms of Service, you must not access or use the Website.
Like many consumer contracts, these Terms of Service contain a mandatory arbitration provision and waiver of jury trial rights. Please read Section 17 to learn more.
This Website is offered and available to users who are eighteen (18) years of age or older. Minors are prohibited from access to this Website. Any attempted purchase of a product or service by a minor may be referred to relevant authorities for prosecution and shall be considered automatically declined and void.
In the event of purchase of our services or products, you agree that you shall not use our materials or products for any illegal or unauthorized purpose. If you are in a jurisdiction or territory in which access to the Website or its content is illegal, you must not access or use the Website. Papa’s Cloud bears no liability for your violation of applicable laws and you assume the risk of use of the Website.
By using this Website, you represent and warrant that you are of legal age to form a binding contract with Papa’s Cloud and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
Changes to the Terms of Service
Papa’s Cloud may revise and update these Terms of Service from time to time in its sole discretion. All changes are effective immediately upon posting to the Website and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to read these Terms of Service frequently when you access this Website so that you are aware of any changes, as they are binding on you.
Accessing the Website
We reserve the right to withdraw or amend this Website, and any product or service we provide on the Website, in our sole discretion, without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users.
You may be required to create a user account or otherwise register to access and use the Website. You agree to maintain confidentiality of your password and to not share it with any third party. We reserve the right to remove or terminate your account or to modify your username as we deem appropriate, in our sole discretion.
- Changes to the Website
- We may update the content on this Website from time to time, but its content is not necessarily complete or up to date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
- Online Orders
- When placing an order on our Website, You are offering to purchase our products, goods, and/or services.
- We reserve the right to accept or reject any order in our own discretion. In the event of acceptance of your offer, you will receive a confirming email at the email address that you provide to us during checkout.
If the product is eligible for shipment, we will ship your accepted order to you at the address you provide when making the order. You will be responsible for all associated shipping & handling charges. While we agree to use reasonable efforts to meet the shipping and delivery dates provided online, Papa’s Cloud shall not be responsible for any delays in shipments, nor for any third-party carrier delays that are beyond our control.
Papa’s Cloud strives to provide excellent customer service. Please check your shipment carefully upon arrival and inspect your order to ensure it has not been damaged during shipment. Any claim for damaged product(s) must be made within seventy-two (72) hours of receiving the product and a written claim must be submitted to [email protected]. Please provide detailed information regarding the damage and photographs of the damaged product with your claim.
If you are not satisfied with the products, you may request a refund of the full purchase price, minus shipping costs, within fifteen (15) days of the date the shipment was received. You are responsible for return shipping costs and expenses. Please submit any request for return to [email protected] to connect with customer service.
We stand behind our products. We take pride in our work and strive to ensure our quality is unmatched. If any product does not meet your expectations, you may send it back within the first fifteen (15) days of delivery and we will exchange the product for another or provide a full refund of the product price.
No Substitute for Medical Advice or Care
Certain materials, products, and/or ingredients in our products may not have been approved or endorsed by the United States Food and Drug Administration (“FDA”) or any regulatory agency. The products on the Website are not intended to diagnose, treat, mitigate, cure, or prevent any disease. The information on the Website or other materials we may provide to you are designed for educational purposes only and are not intended to be a substitute for informed medical advice or care. This information should not be used to diagnose or treat any health problems or illnesses without consulting a doctor. If you are pregnant, nursing, taking medication, or have a medical condition, you should consider consulting with a physician before using any of our products.
ATTN: Customer Service
1325 Whitlock Ln.ste 106,
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some, or all, of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.
You agree to defend, indemnify, and hold harmless Papa’s Cloud, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees, including reasonable attorneys’ fees, arising out of or relating to your violation of these Terms of Service and incorporated Policies or your use of the Website, including, but not limited to, any infringement of a third-party’s intellectual property rights, any misuse of the products, materials, or services, any use of the Website’s content, services, and/or products other than as expressly authorized in these Terms of Service or your use of any information obtained from the Website.
In an effort to accelerate resolution and reduce the cost of any Dispute related to, or arising out of, these Terms of Service and incorporated Policies, you agree to first attempt to negotiate in good faith any Dispute informally for at least sixty (60) days with Papa’s Cloud before either party institutes any arbitration. The negotiation period begins upon receipt of written notice by the party raising the Dispute. Notice may be sent via electronic mailing to [email protected] or via registered mailing to Papa’s Cloud LLC, Customer Service, 1325 Whitlock Ln. ste 106, Carrollton, Texas 75006. You consent to receipt of notice from Papa’s Cloud via electronic mailing to your email address provided to Papa’s Cloud during checkout on the Website.
If the Dispute cannot be resolved by negotiations, either party may elect to have the Dispute finally and exclusively resolved by submission to binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. This arbitration provision limits your and Papa’s Cloud’ ability to litigate claims in court and to have the Dispute heard by a jury. You and Papa’s Cloud are waiving the right to trial by jury. Arbitration shall be commenced and conducted by JAMS, pursuant to its Comprehensive Arbitration Rules (available on the JAMS webpage). Arbitration proceedings shall be instituted in the state of Texas, county of Denton.
These Terms of Service will be governed and interpreted pursuant to the laws of Denton, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Denton in connection with any dispute between you and us arising out of these Terms of Service or pertaining to the subject matter hereof. No arbitration, lawsuit, or other proceeding shall be instituted in any forum but for the state of Texas, county of Denton
Waiver and Severability
No waiver of or by Papa’s Cloud of any term or condition set forth in these Terms of Service or Policies shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Papa’s Cloud to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service and Policies will continue in full force and effect.
These Terms of Service, along with any posted policies on the Website, constitute the sole and entire agreement between you and Papa’s Cloud and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website and services thereon.
The Terms of Service and Policies are not assignable, transferable, or sublicensable by You except with Papa’s Cloud’ prior written consent. Any assignment in violation of this section shall be null and void. Papa’s Cloud may assign, transfer, or delegate any of its rights and obligations hereunder without your consent.
Questions, Comments, and Concerns
This website is operated by Papa’s Cloud, LLC, 1325 Whitlock Ln. ste 106, Carrollton, Texas 75006. Feedback, comments, requests for technical support and other communications relating to the Website should be directed to: [email protected] or by registered mail at the appropriate address below:
ATTN: Customer Service
1325 Whitlock Ln. ste 106,