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Terms of Use

MACHININGCLOUD, INC.
TERMS OF USE

Last Modified: July 6th 2022

Acceptance of the Terms of Use

These terms of use are entered into by and between you and MachiningCloud, Inc. (“Company,” “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of our websites (including without limitation, the website associated with the URL https://www.machiningcloud.com/), as well as any content, functionality, and services offered on or through these websites (collectively, the “Platform”), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Platform. By using or accessing the Platform, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://www.machiningcloud.com/privacy-policy/, incorporated herein by reference. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THE PLATFORM AND YOU MUST PROMPTLY CEASE USING IT.

In consideration of your use of the Platform, you represent that you are of an age to form a legally binding contract and you are not prohibited from receiving services under the laws of the United States or any other applicable jurisdiction. Use of the Platform is void where prohibited by applicable law, and the right to access the Platform is revoked in such jurisdictions.

The Platform is directed to business and professional users only who are 18 years of age or older. If you are under age 18, you are not permitted to use the Platform or to submit any personally identifiable information to Company on the Platform or offline. If you provide information to Company through the Platform, you represent that you are 18 years of age or older.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. Your continued use of the Platform following the posting of revised Terms of Use means that you accept and agree to the changes.

Accessing the Platform and Account Security

We reserve the right to withdraw or amend the Platform, and any service, content or material we provide on or through the Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to users, including registered users.

You are responsible for both:

  • Making all arrangements necessary for you to have access to the Platform.
  • Ensuring that all persons who access the Platform through your internet connection are aware of these Terms of Use and comply with them.

To access the Platform or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Platform that all the information you provide on the Platform is correct, current, and complete. You agree that all information you provide to register with this Platform or otherwise, including, but not limited to, through the use of any interactive features on the Platform, is governed by our Privacy Policy https://www.machiningcloud.com/privacy-policy/, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

When you register to open an account on the Platform, you will provide us with a valid email address and select a password to be used in conjunction with your account. You may also be required to submit additional information including, but not limited to your name, mailing address, and profile information. You are responsible for maintaining the confidentiality of your password and are fully responsible for all uses of your password and your account, whether by you or others. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Platform or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

You may not: register or log in to the Platform using a member ID or an e-mail address subject to any rights of a person other than you without appropriate authorization; or have more than one user account.

We have the right to disable any username, password, or other identifier, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Responsibility for Selection and Use

You are solely responsible, and Company shall have no responsibility, for your or your company’s use of the Platform, and any results or output of the Platform functionality, including, but not limited to: i) selection of the Platform and particular functionality on the Platform to achieve your intended results; ii) determining the appropriate uses of the Platform and the output of the Platform functionality for your business; iii) establishing adequate independent procedures for testing the accuracy of the Platform and any output of the Platform functionality; and iv) establishing adequate backup to prevent the loss of data in the event of a Platform malfunction.

The Platform and its functionality are tools that are intended to be used only by trained professionals. The Platform and its functionality are not a substitute for professional judgment or independent testing of results or output. You are solely responsible for any results obtained from using the Platform and its functionality.

CAUTION: YOU MUST VERIFY THE RESULT OF THE OUTPUT OF THE PLATFORM AND ITS FUNCTIONALITY PRIOR TO USING THE OUTPUT ON ANY EQUIPMENT OR IN ANY MANUFACTURING PROCESS. NEITHER THE PLATFORM NOR ANY OF ITS CONTENT, FUNCTIONALITY OR COMPONENTS ARE INTENDED FOR USE IN THE DESIGN OR OPERATION OF NUCLEAR FACILITIES, LIFE SUPPORT SYSTEMS, AIRCRAFT OR OTHER ACTIVITIES IN WHICH THE FAILURE OF THE PLATFORM, AND/OR SUCH CONTENT, FUNCTIONALITY OR COMPONENTS, COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

You are solely responsible for verifying that the output by the Platform and its functionality are correct, safe, and suitable to run on your machine tool without error. Errors may result in the output not being as intended or contemplated. Failure to locate and correct errors may result in serious damage to equipment or injury or death of personnel in the proximity of the machine. Any and all such outcome is solely your responsibility.

Intellectual Property Rights

The Platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Platform only for lawful internal business operations (personally or on behalf of your company; and provided such internal business operations shall not include commercial time-sharing, rental, outsourcing, service bureau or similar use), specifically in connection with accessing product data and application knowledge from the Company or third party tool manufacturers, searching, selecting and configuring products, communicating and receiving input from the Company or third party tool manufacturers regarding product applications, and purchasing products, as described on the Platform and in any event, in accordance with these Terms of Use.

You must not (and you agree not to allow any third party to) reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, or otherwise exploit for any commercial use, the Platform in whole or in part, or any content or material on the Platform, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for lawful internal business operations as described above, provided you agree to be bound by these Terms of Use with respect to your downloading and use or operation of such applications (and such applications will be considered to be within the definition of the term “Platform” as used herein. If any additional terms of use are provided by Company with respect to such applications, besides these Terms of Use, any such additional terms of use will also apply, subject to any provisions therein specifying which terms of use control and govern in the event of conflict or inconsistency with these Terms of Use.

You must not (and you agree not to allow any third party to):

  • Modify copies of any materials or content from the Platform.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any notices of or citations to any copyright, trademark, or other proprietary rights contained in or on the Platform or any content or materials on the Platform.
  • Access or use for any commercial purposes any part of the Platform or any services, content or materials available on or through the Platform.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Platform in breach of these Terms of Use, your right to use the Platform will stop immediately and you must, at our option, return or destroy any copies of the Platform or its content that you have made. No right, title, or interest in or to the Platform or any content on the Platform is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Platform not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

The trademarks, service marks, logos, trade names, and trade dress (including without limitation, trademarks registered in the United States Patent and Trademark Office and owned by Company), and all related names, logos, product and service names, designs, and slogans are used on the Platform are proprietary to and owned by the Company or its affiliates, subscribers, suppliers, vendors, merchants, licensors or other partners. You must not use any marks owned by Company without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Platform are the trademarks of their respective owners. Third party trademarks referenced in the Platform do not constitute or imply affiliation with, endorsement of, or recommendation of Company by the respective trademark owners, or by Company of the respective trademark owners.

Prohibited Uses

You may use the Platform only for lawful purposes and in accordance with these Terms of Use. You agree not to access or use the Platform:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or member ID associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as determined by us, may harm the Company or users of the Platform, or expose them to liability.

Additionally, you agree not to:

  • Use the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party’s use of the Platform, including their ability to engage in real time activities through the Platform.
  • Use any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any of the content or material on the Platform.
  • Use any manual process to monitor or copy any of the content or material on the Platform, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Platform.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer, or database connected to the Platform.
  • Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Platform, or hack or violate any security measures of the Platform.
  • Copy (except as expressly authorized in these Terms of Use), modify, adapt, translate, or reverse engineer any portion of the Platform (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), or otherwise tamper with the functionality or services provided through the Platform.

Submissions

We welcome feedback from our users and appreciate your comments regarding our Platform and services offered therein. However, our company policy does not permit us to accept or consider ideas, suggestions, proposals, or materials (“Submissions”) that we have not specifically requested. This policy is intended to help us and our users and customers avoid future misunderstandings when new products or services developed internally by our employees might be similar or even identical to a user’s or customer’s idea.

If, despite our request that you not send us your ideas, you still submit them, then regardless of any conditions you may have attempted to place on your Submission, the following terms shall apply to your Submission: you acknowledge and agree that: (i) such Submissions will be considered non-confidential and non-proprietary; (ii) we have the right (subject to our Privacy Policy), without limit in time and without payment to you, to use, copy, distribute, adapt, and disclose it via the Platform, services provided therein, or otherwise to third parties for any purpose, in any way, and in any media worldwide now known or later discovered, including, without limitation, the right to create derivative works, make improvements, perform (including through digital performance), and transmit (including through digital transmissions) such Submissions, and the right to transfer or sublicense such rights; (iii) we may have something similar to the Submissions already under consideration or in development; and (iv) you are not entitled to any compensation or reimbursement of any kind from us in connection with the Submissions under any circumstances.

Enforcement; Termination

We have the right, but are under no obligation, to:

  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform.
  • Terminate or suspend your access to all or part of the Platform for any or no reason, including without limitation, any violation of applicable law or breach of these Terms of Use.

Reliance on Information Posted

The information presented on or through the Platform is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Platform, or by anyone who may be informed of any of its contents.

This Platform includes content provided by third parties, including without limitation materials provided by third-party licensors. All information expressed in such content, other than the content provided by the Company, is solely the responsibility of the person or entity providing the content. We are not responsible, or liable to you or any third party, for the content or accuracy of any content or materials provided or made accessible by any third parties, or for any losses and/or damages resulting or arising out of the use of any such content or materials.

Changes to the Platform

We may update the content on this Platform from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Platform may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Platform

All information we collect on this Platform is subject to our Privacy Policy https://www.machiningcloud.com/privacy-policy/. By using the Platform, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Online Purchases and Other Terms and Conditions

All purchases through our site or other transactions for the sale of goods, services, or information formed through the Platform, or resulting from visits made by you, are governed by our Terms of Sale https://www.machiningcloud.com/terms-of-sale/, which are hereby incorporated into these Terms of Use.

Additional terms and conditions may also apply to specific portions, services, or features of the Platform. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

Linking to the Platform

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

In addition, you must not:

  • Establish a link from any website that is not owned by you.
  • Incorporate any material or content from the Platform into your web site (e.g., by in-lining, framing or creating other browser or border environments around any content from the Platform).
  • Cause the Platform or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, in-line linking, or creating other browser or border environments around the Platform or any portions thereof.
  • Link to any part of the Platform other than the homepage.
  • Otherwise take any action with respect to the materials or content on this Platform that is inconsistent with any other provision of these Terms of Use.
  • Present false information about the Company, its products or services.
  • Use any of the Company’s names, logos, designs, slogans, trademarks or service marks or any other words or codes identifying any Company site in any “metatag” or other information used by search engines or other information location tools to identify and select sites, without the Company’s express, prior written permission for a particular use.
  • Archive, cache, or mirror the Platform or portions of the Platform.

The website from which you are linking, or on which you make certain content accessible, must not contain content that could be construed as distasteful, offensive or controversial.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We hereby disclaim all liability for any material on other sites that may contain links to the Platform.

Links from the Platform

If the Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that any files available for downloading from the internet or the Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE PLATFORM, ITS CONTENT, AND ANY SERVICES, INFORMATION, OR ITEMS OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT, AND ANY SERVICES, INFORMATION, OR ITEMS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. AS SET FORTH IN THE TERMS OF SALE, THE ONLY WARRANTIES APPLYING TO MATERIALS OR ITEMS SOLD THROUGH THE PLATFORM ARE THOSE SPECIFICALLY PROVIDED BY THE MANUFACTURER. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS, EXPECTATIONS OR REQUIREMENTS; THAT ANY DATA SENT BY YOU OR TO YOU WILL BE TRANSMITTED IN UNCORRUPTED FORM OR WITHIN A REASONABLE PERIOD OF TIME, OR THAT THE FUNCTIONS PERFORMED BY THE PLATFORM WILL MEET YOUR REQUIREMENTS OR WILL OPERATE IN THE COMBINATIONS THAT MAY BE SELECTED BY YOU OR THAT THE PLATFORM OR ITS FUNCTIONALITY WILL ACHIEVE THE RESULTS DESIRED BY YOU.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR: i) DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE PLATFORM OR SUCH OTHER WEBSITES, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, FURTHER INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE; OR ii) THE COST OF PROCURING SUBSTITUTE PRODUCTS, SERVICES, TECHNOLOGY OR RIGHTS.

IN NO EVENT WILL COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF BUSINESS PROFITS OR REVENUES, BUSINESS INTERRUPTION, LOSS OF USE, LOSS OF BUSINESS INFORMATION OR CORRUPTION OR LOSS OF DATA, FAILURES TO TRANSMIT OR RECEIVE ANY DATA, PROBLEMS ASSOCIATED WITH ANY APPLICATIONS USED IN CONJUNCTION WITH THE PLATFORM, DOWNTIME COSTS, LOSS OF THE USE OF ANY OF YOUR EQUIPMENT OR THE PLATFORM, DAMAGED OR DEFECTIVE PRODUCTS MANUFACTURED USING THE PLATFORM, COSTS OF SUBSTITUTE GOODS, EQUIPMENT OR FACILITIES, COSTS OF CAPITAL, DAMAGE TO COMPUTERS OR OTHER LOSS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE PLATFORM, WHETHER ALLEGED AS A BREACH OF CONTRACT, TORTUOUS CONDUCT, NEGLIGENCE, BREACH OF WARRANTY, STRICT LIABILITY OR MISREPRESENTATION, WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, INCLUDING WITHOUT LIMITATION THE USE OF OR INABILITY TO USE THE PLATFORM OR ANY THIRD-PARTY CONTENT OR COMPONENTS THEREOF, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE FOREGOING PROVISIONS OF THIS SECTION DO NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, 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 Use or your use of the Platform, including, but not limited to, any use of the Platform’s content, services, functionality and products other than as expressly authorized in these Terms of Use, your violation of the rights of any third party, or your use of any information obtained from the Platform.

Governing Law and Jurisdiction

All matters relating to the Platform and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction), and the United Nations Convention on Contracts for the International Sale of Goods shall not be applicable.

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Platform shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the County of Los Angeles or the County of Ventura, respectively. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

At Company’s sole discretion, it may require you to submit any disputes arising from these Terms of Use or use of the Platform, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use 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 the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use 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 Use will continue in full force and effect.

Entire Agreement

The Terms of Use, our Privacy Policy, and Terms of Sale, constitute the sole and entire agreement between you and Company regarding the Platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Platform.

Your Comments and Concerns

This website is operated by MachiningCloud, Inc., with its principal place of business at 1130 Avenida Acaso, Camarillo, CA 93012.

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