website disclaimer


no warranties

This website is provided "as is" without any representations or warranties, express or implied. goannacloud.com makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, goannacloud.com does not warrant that:

  • this website will be constantly available, or available at all; or
  • the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. [If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.]

hosted-content disclaimer

Where we host copies of publicly available material: We make a good-faith effort to ensure that the material is in the public domain, is covered by a valid license, or falls within a recognized "fair-use" exception. We do not guarantee that any such material is free from copyright infringement, defamation, falsehood, or other legal issues. If you believe any hosted material infringes your rights, please follow the DMCA notice procedures below.

no professional advice

The Site is not a source of professional advice (medical, legal, financial, psychological, etc.). Any information that appears to be advice is for informational purposes only. You must not rely on any such information as a substitute for consulting a qualified professional. We expressly deny any liability for injuries, illnesses, or damages resulting from reliance on any advice, recommendation, or suggestion found on the Site or through linked resources.

limitation of liability

To the maximum extent permitted by applicable law, we shall not be liable for any: Direct, indirect, incidental, consequential, special, punitive, or exemplary damages (including but not limited to loss of profits, revenue, data, or use) arising out of or related to your access to, use of, or inability to use the Site or any linked/hosted content. Claims of defamation, libel, slander, invasion of privacy, discrimination, or any other tort claim, regardless of whether such claim is based on negligence, strict liability, or any other theory. Personal injury, illness, or death resulting from any advice, instruction, or information obtained from the Site or linked resources. Our total aggregate liability to you for any claim, whether in contract, tort (including negligence), or otherwise, shall not exceed USD 0.00.

indemnification

You agree to defend, indemnify, and hold harmless us, our affiliates, officers, directors, employees, agents, and contractors from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: Your use of the Site, including any links you follow or content you download. Your violation of any law, regulation, or third-party right (including intellectual-property rights). Any allegation that your conduct caused defamation, infringement, or any other legal injury to a third party. This obligation survives termination of your access to the Site.

severability

If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect, and the offending provision shall be re-drafted to reflect the parties' original intent to the maximum extent permissible by law.

modification of terms

We reserve the right, at our sole discretion, to modify, amend, or replace any part of this Agreement at any time. Your continued use of the Site after such changes constitute your acceptance of the revised terms. We will post the effective date of the latest revision at the top of this page.

DMCA / copyright notice

If you believe that any material hosted on the Site infringes your copyright, please provide a written notice containing the following information to: click here
  1. A physical or electronic signature of the copyright owner (or authorized agent).
  2. Identification of the copyrighted work claimed to be infringed.
  3. Identification of the material on the Site that is alleged to be infringing, with sufficient detail to locate it.
  4. A statement that you have a good-faith belief that the use is not authorized by the copyright holder, its agent, or the law.
  5. A statement that the information in the notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

We will act promptly to remove or disable access to the allegedly infringing material in accordance with the Digital Millennium Copyright Act (DMCA).

limitations of liability

goannacloud.com will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • [to the extent that the website is provided free-of-charge, for any direct loss;]
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if goannacloud.com has been expressly advised of the potential loss.

exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit goannacloud.com's liability in respect of any:

  • death or personal injury caused by goannacloud.com's negligence;
  • fraud or fraudulent misrepresentation on the part of goannacloud.com; or
  • matter which it would be illegal or unlawful for goannacloud.com to exclude or limit, or to attempt or purport to exclude or limit, its liability.

reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

other parties

[You accept that, as a limited liability entity, goannacloud.com has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against goannacloud.com's officers or employees in respect of any losses you suffer in connection with the website.]

[Without prejudice to the foregoing paragraph,] you agree that the limitations of warranties and liability set out in this website disclaimer will protect goannacloud.com's officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as goannacloud.com.

unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.