Terms of Service

Last updated: January 15, 2025

Welcome to ForumsCloud. These Terms of Service ("Terms") govern your access to and use of our website located at forumscloud.com (the "Site") and all related services, content, and functionality provided by ForumsCloud, a division of Directdigital Manufacturing ("we," "our," or "us").

By accessing or using our Site, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Site.

Acceptance of Terms

By accessing or using our Site, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are using the Site on behalf of an organization, you are agreeing to these Terms for that organization and representing that you have authority to bind that organization to these Terms.

If you do not agree with any part of these Terms, you may not access or use our Site.

Description of Services

ForumsCloud provides a directory and discovery platform for cloud computing communities, including but not limited to:

  • Cloud forum and community listings
  • AI-powered search and discovery
  • Trending topic aggregation
  • Community insights and analytics
  • Team collaboration features

We reserve the right to modify, suspend, or discontinue any part of our services at any time without prior notice.

User Obligations

You agree to use our Site only for lawful purposes and in accordance with these Terms. You agree not to:

  • Violate any applicable laws, regulations, or third-party rights
  • Submit false, misleading, or fraudulent forum listings
  • Interfere with or disrupt the integrity or performance of our Site
  • Attempt to gain unauthorized access to our systems or user accounts
  • Use automated tools to scrape, harvest, or extract data from our Site
  • Transmit any viruses, malware, or other malicious code
  • Harass, abuse, or harm other users
  • Impersonate any person or entity

Intellectual Property Rights

The Site and its original content, features, and functionality are owned by ForumsCloud and Directdigital Manufacturing and are protected by international copyright, trademark, patent, and other intellectual property laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site without prior written consent, except as permitted by law or these Terms.

All trademarks, service marks, and trade names appearing on our Site are the property of their respective owners.

User-Submitted Content

When you submit content to our Site, including forum listings, reviews, comments, or feedback, you grant us a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, copy, modify, display, and distribute such content in connection with providing our services.

You represent and warrant that:

  • You own or have the necessary rights to submit the content
  • The content does not infringe on any third-party rights
  • The content is accurate and not misleading
  • The content complies with all applicable laws and regulations

We reserve the right to review, moderate, or remove any user-submitted content at our discretion.

Third-Party Links

Our Site may contain links to third-party websites, services, or resources that are not owned or controlled by ForumsCloud. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.

You acknowledge and agree that we shall not be responsible or liable for any damage or loss caused by or in connection with your use of any third-party content, goods, or services.

We encourage you to review the terms and privacy policies of any third-party sites you visit.

Disclaimer

THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY.

We do not warrant that:

  • The Site will be uninterrupted, secure, or error-free
  • The information on the Site is complete, true, or current
  • The forums and communities listed are active or moderated
  • Any errors in the Site will be corrected

We make no representations about the suitability of the information, products, or services contained on the Site for any purpose.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FORUMSCLOUD, DIRECTDIGITAL MANUFACTURING, OR THEIR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS 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:

  • Your access to or use of (or inability to access or use) the Site
  • Any conduct or content of any third party on the Site
  • Any content obtained from the Site
  • Unauthorized access, use, or alteration of your transmissions or content

THE AGGREGATE LIABILITY OF FORUMSCLOUD AND ITS AFFILIATES SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNTS PAID BY YOU TO FORUMSCLOUD IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100).

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for consequential damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Indemnification

You agree to defend, indemnify, and hold harmless ForumsCloud, Directdigital Manufacturing, and their affiliates, 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 or any applicable law
  • Your misuse of the Site or services
  • Your violation of any third-party rights
  • Your user-submitted content

Governing Law & Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Minnesota, without regard to its conflict of law provisions.

Any disputes arising from or relating to these Terms or your use of the Site shall be subject to the exclusive jurisdiction of the state and federal courts located in Hennepin County, Minnesota.

You hereby irrevocably consent to the personal jurisdiction of such courts and waive any objection to the laying of venue of any such proceeding in such courts.

Binding Arbitration Agreement

IMPORTANT: THIS SECTION CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. PLEASE READ CAREFULLY.

Agreement to Arbitrate

You and ForumsCloud agree that any dispute, claim, or controversy arising out of or relating to these Terms, your use of the Site, or the breach, termination, enforcement, interpretation, or validity thereof, shall be determined by binding arbitration rather than in court.

Arbitration Procedures

The arbitration shall be administered by:

  • JAMS (Judicial Arbitration and Mediation Services) in accordance with its Comprehensive Arbitration Rules
  • Or, if JAMS is unavailable, the American Arbitration Association (AAA) under its Consumer Arbitration Rules

Location

The arbitration hearing shall take place in Hennepin County, Minnesota, unless you and ForumsCloud agree otherwise.

Class Action Waiver

YOU AND FORUMSCLOUD HEREBY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. You may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or class member in any class or representative proceeding.

Exceptions

Notwithstanding the foregoing, either party may bring an individual action in small claims court if the claim qualifies. Additionally, we may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent actual or threatened infringement of intellectual property rights.

Opt-Out Right

You may opt out of this arbitration agreement within 30 days of first accepting these Terms by contacting us at [email protected] with your opt-out request.

Termination

We may terminate or suspend your access to our Site immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms.

Upon termination, your right to use the Site will cease immediately. All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

Modifications to Terms

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

By continuing to access or use our Site after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Site.

Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, such provision shall be severed from these Terms, and the remaining provisions shall continue in full force and effect.

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and ForumsCloud regarding your use of the Site and supersede all prior agreements and understandings, whether written or oral.

Contact Information

If you have any questions about these Terms, please contact us:

ForumsCloud

A division of Directdigital Manufacturing

Hennepin County, Minnesota

Email: [email protected]