Welcome to the SponsorCloud LLC (“SponsorCloud”) website, hosted by SponsorCloud and operated by Mighty Software, Inc. dba Mighty Networks (“Mighty Networks”). This Terms and Conditions of Use Agreement (the “Agreement” or “Terms of Service”) describes the terms and conditions applicable to your use of the https://www.sponsorcloud.io/ website (the “Site”) and the SponsorCloud products available therein as a service offering (the “Products”) (collectively, the “Services”). In this Agreement, we refer to SponsorCloud LLC and its agents, subsidiaries, affiliates, officers, employees, and partners as “SponsorCloud” or “us” or “we;” and we refer to you as “Customer” or “you,” including your agents and affiliates if any, and any other person accessing your SponsorCloud Products. SponsorCloud and Customer are referred to in this Agreement individually as a “Party” and collectively as the “Parties.”
SponsorCloud shall make commercially reasonable efforts to provide adequate support services for the Services. Notwithstanding the foregoing, this Agreement does not entitle Customer to any guaranteed level, availability, or turnaround time of support services for the Services.
SponsorCloud tries to keep the Services accessible, error-free, and safe, but cannot guarantee that the Services will be secure or that access to or use of the Services will be uninterrupted or free of errors or omissions. SponsorCloud does not warrant that the Services will operate error-free, or that the Services and SponsorCloud’s servers are free of computer viruses or other harmful components. SponsorCloud uses reasonable care and skill in providing the Services, but beyond that, the Services are provided without any warranties of any kind. Customer is responsible for implementing sufficient procedures and checkpoints to satisfy Customer’s particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Services for any reconstruction of any lost data. SPONSORCLOUD AND ITS AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, AND AFFILIATES PROVIDE THE SERVICES “AS IS WITH ALL FAULTS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, AND SPONSORCLOUD HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES WHETHER EXPRESS OR IMPLIED AND EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, AND NON-INFRINGEMENT. SPONSORCLOUD DOES NOT WARRANT AGAINST INTERFERENCE WITH CUSTOMER’S ENJOYMENT OF THE SERVICES, THE AVAILABILITY OF CONTENT, THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS, THAT THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN THE SERVICES WILL BE CORRECTED, OR THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL FUNCTION WITH OTHER SOFTWARE OR HARDWARE, OR WITHIN A SYSTEM. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SPONSORCLOUD OR A SPONSORCLOUD-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION MAY NOT APPLY.
Customer agrees to indemnify, hold harmless and defend SponsorCloud, its agents, officers, directors, employees, successors, assigns, and affiliates, from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorneys’ fees, asserted by any person, arising out of or relating to (i) Customer’s or any Authorized User’s use of the Services, including but not limited to anyone using Customer’s account or Credentials; (ii) breach of this Agreement by Customer or anyone using Customer’s account or Credentials; (iii) any information used, stored, or transmitted in connection with Customer’s account or Credentials; (iv) breach of the rights of any third-party, including but not limited to privacy, publicity, intellectual property, or other proprietary rights by Customer or anyone using Customer’s account or Credentials; or (v) violation of any law, regulation, or other legal requirements.
This Agreement shall be governed by Utah law except for its conflicts of laws principles. Customer agrees to resolve any disputes or claims arising out of or related to this Agreement or the Services through final and binding arbitration by a single arbitrator. This includes disputes arising out of or relating to the interpretation or application of this “Mandatory Arbitration Provision” section, including its enforceability, revocability, or validity. Notwithstanding the foregoing, either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or violation of any intellectual property. Any arbitration to resolve claims arising under or relating to this Agreement, or any permissible lawsuit permissible pursuant to this section, shall be brought in Salt Lake City County, in the State of Utah and its respective federal or state courts as applicable and each Party irrevocably submits to the exclusive jurisdiction of such arbitration and courts in any such suit, action, or proceeding. This provision shall not apply to consumers in countries that require agreements to be governed by the local laws of the consumer’s country.