Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the acloudaboveco.com website (the “Service”) operated by A Cloud Above LLC (“us”, “we”, or  “our”). 

Your access to and use of the Service is conditioned upon your acceptance of and compliance with  these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service. 

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part  of the terms then you do not have permission to access the Service. 

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the  same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. 

A Cloud Above 
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the  site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any  unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or  local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual  property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or  discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or  disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other  type of malicious code that will or may be used in any way that will affect the functionality or  operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track  the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for  any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the  Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses. 

Disclaimer of warranties; limitation of liability
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. 

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. 

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of  any kind, either express or implied, including all implied warranties or conditions of merchantability,  merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. 

In no case shall A Cloud Above , our directors, officers, employees, affiliates, agents, contractors,  interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct,  indirect, incidental, punitive, special, or consequential damages of any kind, including, without  limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar  damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising  from your use of any of the service or any products procured using the service, or for any other claim  related in any way to your use of the service or any product, including, but not limited to, any errors or  omissions in any content, or any loss or damage of any kind incurred as a result of the use of the  service or any content (or product) posted, transmitted, or otherwise made available via the service,  even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or  the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our  liability shall be limited to the maximum extent permitted by law. 

Additional indemnification 
You agree to indemnify, defend and hold harmless A Cloud Above and our parent, subsidiaries,  affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors,  suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’  fees, made by any third-party due to or arising out of your breach of these Terms of Service or the  documents they incorporate by reference, or your violation of any law or the rights of a third-party. 

Additional severability
In the event that any provision of these Terms of Service is determined to be unlawful, void or  unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by  applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of  Service, such determination shall not affect the validity and enforceability of any other remaining  provisions. 

Additional termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the  termination of this agreement for all purposes. 

These Terms of Service are effective unless and until terminated by either you or us. You may  terminate these Terms of Service at any time by notifying us that you no longer wish to use our  Services, or when you cease using our site. 

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or  provision of these Terms of Service, we also may terminate this agreement at any time without notice  and you will remain liable for all amounts due up to and including the date of termination; and/or  accordingly may deny you access to our Services (or any part thereof).

Entire agreement 
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not  constitute a waiver of such right or provision. 

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of  the Service, superseding any prior or contemporaneous agreements, communications and proposals,  whether oral or written, between you and us (including, but not limited to, any prior versions of the  Terms of Service). 

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the  drafting party. 

Governing law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 505 W 40th Ave, Denver, CO, 80216, United States. 

Changes to terms of service
You can review the most current version of the Terms of Service at any time at this page. 

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of  Service by posting updates and changes to our website. It is your responsibility to check our website  periodically for changes. Your continued use of or access to our website or the Service following the  posting of any changes to these Terms of Service constitutes acceptance of those changes. 

Intellectual Property
The Service and its original content, features and functionality are and will remain the exclusive property of A Cloud Above LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of A Cloud Above  LLC . 

Links To Other Web Sites
Our Service may contain links to third-party websites or services that are not owned or controlled by A Cloud Above LLC  

A Cloud Above LLC has no control over, and assumes no responsibility for the content, privacy  policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of  these entities/individuals or their websites. 

You acknowledge and agree that A Cloud Above LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or  reliance on any such content, goods or service available on or through any such third-party web sites  or services. 

We strongly advise you to read the terms and conditions and privacy policies of any third-party  websites or services that you visit. 

Indemnification
You agree to defend, indemnify and hold harmless A Cloud Above LLC and its licensee and  licensors, and their employees, contractors, agents, officers and directors, from and against any and all  claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, or b) a breach of  these Terms. 

Limitation Of Liability
In no event shall A Cloud Above LLC , nor its directors, employees, partners, agents, suppliers, or  affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including  without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your  access to or use of or inability to access or use the Service; (ii) any conduct or content of any third  party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or  alteration of your transmissions or content, whether based on warranty, contract, tort (including  negligence) or any other legal theory, whether or not we have been informed of the possibility of such  damage, and even if a remedy set forth herein is found to have failed of its essential purpose. 

Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or  implied, including, but not limited to, implied warranties of merchantability, fitness for a particular  purpose, non-infringement or course of performance. 

A Cloud Above LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects  will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of  using the Service will meet your requirements. 

Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of  liability for consequential or incidental damages, so the limitations above may not apply to you. 

Governing Law 
These Terms shall be governed and construed in accordance with the laws of , United States, without  regard to its conflict of law provisions. 

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those  rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining 

provisions of these Terms will remain in effect. These Terms constitute the entire agreement between  us regarding our Service, and supersede and replace any prior agreements we might have had between  us regarding the Service. 

Changes 
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision  is material we will provide at least 30 days notice prior to any new terms taking effect. What  constitutes a material change will be determined at our sole discretion. 

By continuing to access or use our Service after any revisions become effective, you agree to be bound  by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the  Service. 

Contact Us 
If you have any questions about these Terms, please contact us: 
A Cloud Above LLC  
Email: acloudaboveco@gmail.com 
Last updated: July 2024