Last updated: December 28, 2023

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING ANY OF OUR SERVICES. BY ACCESSING ANY OF OUR SERVICES, YOU HEREBY CONSENT TO BE BOUND BY THE TERMS OF USE HEREIN.

PREAMBLE

This Agreement is entered into by and between You (“you,” “your,” or “yours“) and Cloudwise, LLC DBA Nubilum (the "Company," "we," or "us"). The following terms, together with any documents they expressly incorporate by reference (collectively, "Terms of Use," “Terms,” or “Agreement”), govern your access to and use of our website, https://www.nubilum.aero/ (the “Site”).

ACCEPTANCE OF AND AGREEMENT TO THESE TERMS

Your access to and use of the Site is subject to the following Terms of Use and all applicable laws. By accessing or using our Site, you herby accept and agree to these Terms and acknowledge that any other agreements between you and the Company are superseded and of no force or effect with respect to your access and use of the Site.

IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT ACCESS OR USE OUR SITE.

OUR SITE IS OFFERED AND AVAILABLE TO USERS WHO ARE 18 YEARS OF AGE OR OLDER AND RESIDE IN THE UNITED STATES OR ANY OF ITS TERRITORIES OR POSSESSIONS. BY USING OUR SITE, YOU REPRESENT AND WARRANT THAT YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH THE COMPANY AND MEET ALL OF THE FOREGOING ELIGIBILITY REQUIREMENTS. IF YOU DO NOT MEET ALL OF THESE REQUIREMENTS, YOU MUST NOT ACCESS OR USE OUR SITE.

BY USING OUR SITE, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE OF LEGAL AGE AND HAVE THE MENTAL CAPACITY TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS.

This Agreement hereby incorporates by reference any additional terms and conditions we post through the Site, or otherwise made available to you by the Company.

GENERAL

This Agreement represents the entire understanding relating to your use of the Site and prevails over any prior or contemporaneous, conflicting or additional communications between you and the Company. All rights not expressly granted herein are reserved by the Company. However, to the extent your use of the Site involves or is integrated with products or services of affiliated companies, any terms and policies covering those products or services may also apply.

To utilize the Site, you need to be at least 18 years old. All persons utilizing the Site consent to these Terms.

CHANGES TO THIS AGREEMENT AND SITE

We may revise these Terms or any other part of this Agreement at any time, at any time at our sole discretion. All changes are effective immediately when posted and apply to all access to and use of the Site thereafter.

Your continued use of the Site following such changes means that you accept and agree to the changes. You are expected to check these Terms periodically so you are aware of any changes, as they are binding on you.

We continuously aim to enhance the Site, so it may undergo modifications over time. We might halt or terminate any portion of the Site, introduce new features, or impose constraints on particular features or limit access to some or all parts of the Site. In the same way, we hold the right to take out any content from the Site, anytime, for any reason, at our own discretion and without prior notice. We may alter any aspect of the Site, such as the relevant charges and/or features connected to the Site, at any time and for any reason, solely at our own discretion.

We retain the right to cancel (or revoke access to) your utilization of the Site, for any reason within our discretion, including if you violate these Terms. We possess the exclusive right to determine if you have breached any of the limitations specified in this Agreement.

ACCESS AND USE

Access to the Site is permitted on a temporary basis, and the Company reserves the right, at its sole discretion, to withdraw or amend the services provided on the Site without notice. The Company will not be liable if, for any reason, the Site is unavailable at any time or for any period. From time to time, the Company may restrict access to some or all parts of the Site to users who have registered with the Company.

You are responsible for making any and all arrangements required for you to access the Site. Additionally, you must ensure that any individual who accesses the Site through your device or internet connection is fully aware of these Terms of Use and complies with them.

In order to access the Site and associated resources, you may be required to provide specific registration details or other relevant information. It is mandatory, as a condition of using the Site, that all information provided by you through the Site is accurate, current, and complete. Providing any false or incomplete information is a violation of these Terms. By registering through our Site, or providing any information to us, you acknowledge that our Privacy Policies govern all information you provide, and you consent to all actions we take in relation to your information, consistent with our Privacy Policies.

Our User Privacy Policy can be found here: https://nubilum.aero/privacy-policy/.

If you receive or select a user identification code, password, or any other confidential information from the Company as part of its security procedures, you must keep such information confidential and not share it with anyone. The Company reserves the right, in its sole discretion, to disable any user identification code or password, whether chosen by you or provided by the Company, if it deems that you have violated any provision of these Terms. You must immediately inform the Company if you become aware of any unauthorized use of your user identification code or password. You are responsible for ensuring that you have all necessary arrangements to access the Site and that all persons who access the Site through your internet connection are aware of and comply with these Terms.

Subject to the terms of this Agreement, the Company, its licensors, or specified third parties hold all the legal rights, title, and interest in the Site and content provided through the Site, which comprises information, documents, logos, graphics, designs, and images, among other things. Subject to these Terms, the Company grants you a restricted, non-transferable, and non-exclusive right to access and utilize the Site for personal and non-commercial use. Nonetheless, you can use the Site for its lawful business purposes.

If your use of the Site is prohibited by relevant laws, then you are not permitted to use the Site. We cannot and will not take responsibility for your use of the Site or any products or services referenced in the Site in a manner that violates the law.

You may be required to register for an account and select a password and username ("User ID"). You commit to providing us with truthful, thorough, and current registration details about yourself. It is not permissible to use a name as your User ID that you are not authorized to use or adopt someone else's name with the intention of impersonating that person. Additionally, you are not allowed to share your account or password with anyone, and it is essential to safeguard the security of your account and password. You are accountable for any activity connected to your account.

INTELLECTUAL PROPERTY RIGHTS

The Site, including all features and functionality 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. Users may use the Site subject to these Terms and may temporarily store copies of materials in random access memory (RAM), cloud services, or your web browser's cache. You may print or download one copy of a reasonable number of pages from the Site for purposes reasonably associated with your use or analysis of the Site. Further reproduction, publication, or distribution is strictly prohibited, unless expressly permitted by the Company. Any use of the Site that is not expressly permitted by these Terms constitutes a breach of this Agreement and may violate copyright, trademark, and other applicable laws.

The Company name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors and may not be used without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.

You should assume that everything you see or read on the Site is copyrighted, unless otherwise noted, and may not be used except as provided in these Terms or in the text on the Site without the written permission of the respective owner. You must not use any trademarks or other content on the Site, except as provided in these Terms, and are advised that the respective owner will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

If you violate these Terms by printing, copying, modifying, downloading, or providing access to any part of the Site without authorization, your right to use the Site will be terminated immediately. At our discretion, you will be required to either return or destroy any copies of the materials you have made. You acknowledge that you do not acquire any right, title, or interest in or to the Site or any content therein, and that all rights not expressly granted to you are reserved by the Company. Any use of the Site that is not expressly permitted by these Terms constitutes a breach of this agreement and may violate copyright, trademark, and other applicable laws.

LICENSE AND USE RESTRICTIONS

In general, our Site are offered to you under a license in accordance with the Terms of this Agreement. You may use our Site only for lawful purposes and in accordance with these Terms of Use. The following are important restrictions on the use of our Site with which all users must comply.

1. You shall not use the Site in a way that violates any applicable laws or regulations, including those related to exporting data or software to and from the US or other countries.


2. You shall not introduce any viruses, Trojan horses, worms, logic bombs, or other malicious or harmful material to the Site.


3. You shall not attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Site, the server on which any data related to the Site is stored, or any server, computer, or database connected to our Site.


4. You shall not attempt to interfere with the proper functioning of the Site in any other way.


5. You shall not send any unsolicited advertising or promotional material (such as junk mail or spam) using the Site.


6. You shall not copy the Site, except as expressly permitted by this license.


7. You shall not rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Site, or any features or functionality of the Site, to any third-party for any reason, including by making the Site available on a network where it is capable of being accessed by more than one device at any time.


8. You shall not remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Site.


9. You shall not modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Site.


10. You shall not reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Site or any part thereof.


11. You shall not remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Site, including any copy thereof.


12. You shall not rely solely upon the Site in, or in association with, the design, construction, maintenance, or operation of any critical systems, including any aviation navigation or communication systems, or any other transport management systems; safety-critical applications, including medical or life-support systems, vehicle operation applications or any police, fire, or other safety response systems; and military applications, weapons systems, or environments.


13. You shall not impersonate the Company, a Company employee, another user, or any other person or entity, including by using email addresses or screen names associated with the Company, whether real or fictitious.


14. You shall not engage in any conduct that could restrict or inhibit anyone else's use or enjoyment of the Site, harm the Company or other users of our Site, or expose them to liability.


15. You shall not use any automatic means (such as robots, spiders, or scrapers) to access the Site for any purpose, including monitoring or copying any of the material on the Site.


16. You shall not use any manual process to monitor or copy any material provided through the Site, or for any other purpose not explicitly authorized in these Terms of Use, without our prior written consent.


17. You shall not use any device, software, or routine that interferes with the proper functioning of the Site.


18. You shall not use the Site to engage in any illegal or unauthorized activity.

We take these prohibitions seriously and may take action to enforce them, including, without limitation, terminating your access to the Site and blocking your internet protocol (IP) address. We reserve the right to take appropriate legal action, including, without limitation, referral to law enforcement and civil action for any illegal or unauthorized use of the website.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.

YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

Any violation of these license and use restrictions constitutes a material breach of this agreement for which the Company may terminate your access to the Site. You hereby indemnify the Company for any and all harm that may befall you or any third-party, at any time, resulting directly or indirectly from a breach of these Terms.

RESERVATION OF RIGHTS

You acknowledge and agree that the Site is provided under license, and not sold, to you. You do not acquire any ownership interest in the Site under this Agreement, or any other rights thereto other than to use the Site in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. The Company and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Site, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.

RELIANCE ON INFORMATION POSTED

The information presented on or through the Site 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 Site or by anyone who may be informed of any of its contents.

This Site may include content provided by third parties. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

COLLECTION AND USE OF YOUR INFORMATION

When you use, access, or subscribe to our Site, we may automatically receive and store any data collected through the Site that are associated with such use. For more information about the data we collect, please see our Privacy Policy: https://nubilum.aero/privacy-policy/.

You hereby acknowledge that when you use the Site, we may use automatic means (including, for example, cookies and web beacons) to collect information about you, your device, and about your use of the Site. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Site or certain features or functionality, and the Site may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with our Site is subject to our Privacy Policy.

LINKING TO THE SITE AND SOCIAL MEDIA FEATURES

You may link to our Site, 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.

This Site may provide certain social media features that enable you to:

• Link from your own or certain third-party websites to certain content on our Site.


• Send emails or other communications with certain content, or links to certain content, on our Site.


• Cause limited portions of content on our Site to be displayed or appear to be displayed on your own or certain third-party websites.

The utilization of the Site’s features is limited to their provided functionality and is restricted to the content with which they are associated. Any additional terms and conditions related to these features must be adhered to. Subject to the foregoing, you must not:

• Establish a link from any non-social media website that is not owned by you.


• Cause the Site or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.


• Link to any part of the Site other than the homepage.


• Otherwise take any action with respect to the materials on this Site that is inconsistent with any other provision of these Terms of Use.

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 reserve the right to disable all or any social media features and any links at any time without notice in our discretion.

The Site may include hyperlinks to other sites and resources which are furnished by third-parties for your convenience. Such links may also include those contained within advertisements, such as banner advertisements and sponsored links. We do not have control over the substance of those sites or resources, and disclaim all responsibility and liability for any loss or damage that may arise from your utilization of them. In the event that you choose to access any of the third-party websites linked to our Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

CONTENT AND SITE

Our Site may provide you with access to our Site and products and services accessible thereon. Certain features, functionality, and content accessible on or through the Site may be hosted on the Site (collectively, "Content and Site"). Your access to and use of such Content and Site are governed by these Terms of Use and our Privacy Policy located at https://nubilum.aero/privacy-policy/, which are incorporated herein by this reference. Your access to and use of such Content and Site may require you to acknowledge your acceptance of these Terms of Use and Privacy Policy and/or to register with the Site. Though not a requirement for accessing all features, your failure to acknowledge and accept these Terms of Use and our Privacy Policy may restrict you from accessing or using certain of our Site’ features and functionality.

The Content and Site are based in the state of Florida in the United States and designed for access and use by persons in the United States. You acknowledge that you may not be able to access some or all of the Content and Site outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Content and Site from outside the United States, you are responsible for compliance with local laws.

THIRD-PARTY MATERIALS

The Site may display, include, or make available third-party content (including advertisements, data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising ("Third-Party Materials"). You acknowledge and agree that we are not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Neither the Company nor any of its affiliates will be liable for any errors in content or omissions in any Third-Party Materials, nor responsible for any losses or damages of any sort incurred as a result of your participation with, use of, or reliance on the Third Party Materials, including any goods, products, or services offered by such Third-Party Materials.

CHANGES TO THESE TERMS

In our sole discretion, we may add to, change, update, or modify these Terms to reflect any changes in our policies or in response to changes in law. Should these Terms change, we will post all changes to these Terms on this page and make reasonable efforts to inform you of such changes. Any such changes, updates, or modifications will be effective immediately upon posting. The date on which these Terms were last modified is identified at the beginning of this Agreement. You are expected to, and you acknowledge and agree that it is your responsibility to, carefully review these Terms prior to using the Site, and from time to time, so that you are aware of any changes.

YOUR CONTINUED USE OF THE SITE ON OR AFTER THE “LAST UPDATED” DATE WILL CONSTITUTE YOUR ACCEPTANCE OF AND AGREEMENT TO SUCH CHANGES TO THESE TERMS OF USE. IF YOU DO NOT AGREE WITH THESE TERMS, YOU SHOULD NOT USE OUR SITE.

TERM AND TERMINATION

The term of Agreement commences when you initially access any of our Site and will continue in effect until terminated by you or Company as set forth in this Section.

You may terminate this Agreement by ceasing to use our Site, including accessing or using our Site.

We may terminate this Agreement at any time without notice if we cease to support the Site, which we may do in our sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the Terms of this Agreement.

Upon termination all rights granted to you under this Agreement will also terminate; and Termination will not limit any of our rights or remedies at law or in equity, which continue for the maximum period permitted by law.

DISCLAIMER OF WARRANTIES

THE SITE IS PROVIDED TO YOU "AS IS" WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SITE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, THE COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SITE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

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

LIMITATION ON LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, AND THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS HAVE ANY LIABILITY FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES OR APPLICATIONS LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR APPLICATIONS, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, PROPERTY DAMAGE, LOSS OF REVENUE, LOST PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES IN AN AMOUNT THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID FOR THE SERVICES.

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

YOU USE AND RELY UPON THE SITE AND ANY PRODUCTS OR SERVICES REFERENCED THEREIN AT YOUR OWN RISK.

THE LIMITATION OF LIABILITY DESCRIBED ABOVE SHALL APPLY FULLY TO RESIDENTS OF NEW JERSEY. IF ANY PORTION OF THIS SECTION IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.

THE COMPANY IS NOT RESPONSIBLE FOR ANY INTERRUPTIONS OR DELAYS TO ITS PRODUCTS AND SERVICES CAUSED BY FORCE MAJEURE OR OTHER EVENTS OUTSIDE OF ITS CONTROL. THESE EVENTS INCLUDE, BUT ARE NOT LIMITED TO, WAR, FIRE, FLOOD, EXTREME WEATHER, ACCIDENTS, EXPLOSIONS, ACTS OF TERRORISM, GOVERNMENTAL ORDERS, REGULATIONS, RESTRICTIONS OR PRIORITIES, STRIKES, LOCKOUTS OR OTHER LABOR TROUBLES OR DISRUPTIONS, CYBER EVENTS, CIVIL DISORDER, NATURAL DISASTERS (INCLUDING, WITHOUT LIMITATION, FIRES, FLOODS, EARTHQUAKES, AND SEVERE WEATHER), PUBLIC HEALTH EPIDEMICS, DESTRUCTION OF NETWORK FACILITIES OR TRANSPORTATION INFRASTRUCTURE, OR ANY OTHER CAUSE BEYOND THE ABSOLUTE CONTROL OF THE COMPANY FOR THE DURATION OF AN INTERRUPTION.

NO LIFE OR SAFETY GUARANTEE

You understand and acknowledge that the Site is not designed as a third-party monitored emergency notification system. Therefore, the Company does not monitor any emergency notifications and will not be responsible for making any notifications relating to safety of flight. YOU ACKNOWLEDGE THAT THE USE OF THE SITE DOES NOT GUARANTEE OR INCREASE THE LEVEL OF SAFETY. THE PRODUCTS AND SITE ARE NOT 100% RELIABLE AND SHOULD NOT BE CONSIDERED A SUBSTITUTE FOR INDIVIDUAL INSPECTION OF AIRCRAFT MAINTENANCE LOGS, PARTS, OR ANY OTHER ASPECT OF SAFETY OF FLIGHT OPERATIONS.

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 Site, including, but not limited to, your user contributions, any use of the Site’ content and related products, or your use of any information obtained from the Site other than as expressly authorized in these Terms of Use.

GOVERNING LAW, JURISDICTION, AND ARBITRATION

The terms of this Agreement are governed by the laws of the United States (including federal arbitration law) and the State of Florida, U.S.A., without regard to its principles of conflicts of law, and regardless of your location. You agree to exclusive jurisdiction of the federal and state courts located in Miami-Dade County, Florida, U.S.A., and waive any jurisdictional, venue or inconvenient forum objections to such courts.

LIMITATION OF TIME TO FILE CLAIMS

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SITE 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

Within the limitations established in the previous section, no failure or delay by you or by the Company to exercise any right or power under this Agreement shall constitute a waiver of that right or power. Additionally, the partial exercise of any right or power does not prevent further exercise of that right or any other right under this Agreement. If there is a conflict between the terms of this Agreement and any other applicable purchase or agreement terms, this Agreement will take precedence.

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

These Terms of Use, our website Privacy Policy, and the Terms and Conditions for Online Sales constitute the sole and entire agreement between you and the Company regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.

CONTACT US

For more information, or if you have any questions or concerns regarding the Site, you may contact us using the information below, and we will do our best to assist you.

By Postal Mail:

Nubilum

7925 NW 12th St

Suite 122

Miami, FL 33126

By Email:

[email protected]

WILL NEVER ASK YOU FOR CREDIT CARD OR OTHER FINANCIAL INFORMATION VIA EMAIL. PLEASE DO NOT INCLUDE CREDIT CARD OR OTHER FINANCIAL INFORMATION IN CORRESPONDENCE WITH US.