Terms Of Service and Legal Notice
1. Acknowledgement and Acceptance of Terms of Service and Legal Notice
The Skycasters® Web Site (“WebSite”) is owned and operated by Skycasters®, LLC (“Skycasters”) and is provided to you (“User”) under the terms and conditions of this Skycasters Terms of Service and Legal Notice (“STOS”) and any operating rules or policies that may be published or posted herein by Skycasters. The STOS comprises the entire agreement between User and Skycasters and supersedes all prior agreements between the parties regarding the matter contained herein. BY USE OF THE WEB SITE OR DOWNLOADING MATERIALS FROM THE WEB SITE, USER INDICATES HIS OR HER AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THE STOS.
2. License Granted
Subject to the terms and conditions set forth herein, Skycasters grants you a non-exclusive, non-transferable, limited right to access and use the Web Site.
3. Information; Web Site Warranty; Limitation of Liability
EXCEPT AS OTHERWISE STATED HEREIN, THE WEB SITE, ITS CONTENTS AND THE SOFTWARE MADE AVAILABLE ON THE SITE, ARE PROVIDED ON AN “AS IS” BASIS AND SKYCASTERS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THIS WEB SITE AND ITS CONTENTS. SKYCASTERS DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, SKYCASTERS DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS WEB SITE IS ACCURATE, COMPLETE OR CURRENT. THE WEB SITE AND THOSE WEB SITES THAT LINK FROM AND TO IT COULD INCLUDE TECHNICAL OR OTHER INACCURACIES. IT IS USER’S RESPONSIBILITY TO VERIFY ANY INFORMATION BEFORE RELYING ON IT. USER HEREBY ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THE WEB SITE AND THE Internet GENERALLY.
ONLY AS TO PAID “SUBSCRIBERS” OF SKYCASTERS’ SERVICES, SKYCASTERS WARRANTS THE ACCURACY AND COMPLETENESS OF ONLY ITS PRICING INFORMATION, SUBSCRIBER AGREEMENT, TERMS OF SERVICE AND RELATED INFORMATION TO THE EXTENT THAT SKYCASTERS OWNS, CONTROLS AND CREATED THE INFORMATION OR POLICIES AT ISSUE. ALL OTHER WARRANTIES ARE SPECIFICALLY DISCLAIMED.
PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE. EXCEPT AS SPECIFICALLY STATED ON THE WEB SITE, NEITHER SKYCASTERS NOR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES WILL BE RESPONSIBLE FOR ANY CLAIMS OR LIABLE FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEB SITE, OR ANY LINKED Internet SITE, EVEN IF SKYCASTERS IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) COMPENSATORY, DIRECT, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES; LOSS OF DATA, INFORMATION OR PROGRAMS ON USER’S INFORMATION HANDLING SYSTEM; LOSS OF INCOME OR PROFIT; BUSINESS INTERRUPTION; LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.
4. Linked Sites and Endorsements
This Web Site may contain links to other Internet sites operated by other entities, and not under the control of Skycasters, and accordingly Skycasters (i) makes no representations whatsoever concerning the content of those sites, (ii) makes no representations concerning its affiliation with linked Internet sites, (iii) makes no representations concerning its authorization to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links or the authorization of any linked Internet site to use any trademark, trade name, logo or copyright symbol of Skycasters, any of its affiliates or subsidiaries and (iv) specifically disclaims any endorsement, authorization or sponsorship thereof. When User links to other Internet sites, off of Skycasters’ Web Site, User agrees that it acts at its own risk and User assumes all responsibility for taking protective measures to guard against viruses or other destructive elements.
User agrees: (w) not to use any of Skycasters’ names, logos, designs, slogans, trademarks, or service marks in or with User’s links; (x) not to present a link to the Web Site in any way that suggests Skycasters, its affiliates or subsidiaries have any relationship or affiliation with User’s site or endorses, sponsors or recommends the information, products or services on User’s site; (y) to only link to the home page of this Web Site; and (z) not to incorporate any content from this Web Site into its site through in-lining, framing, or any related technique.
5. Information Provided By You; Confidentiality
User understands that unless Skycasters states otherwise, its on-line forms are not encrypted. Thus, persons who actively attempt to intercept transmissions may be able to read information being sent. THEREFORE, USER IS ADVISED THAT IF IT TRANSMITS CONFIDENTIAL, PERSONAL OR PROPRIETARY INFORMATION, EXCEPT WHEN USING SKYCASTERS’ SECURE CUSTOMER ACCESS AREA PROVIDED FOR SKYCASTERS’ SUBSCRIBERS, USER DOES SO AT ITS OWN RISK.
User agrees that any information or materials that User, or individuals acting on its behalf, provides to Skycasters will not be considered confidential or proprietary. By providing such information or materials to Skycasters, you grant to Skycasters an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information and materials, and User further agrees that Skycasters is free to use any ideas, concepts or know-how that User, or individuals acting on its behalf, provide to Skycasters.
6. User Conduct
User is solely responsible for the contents of his or her transmissions through the Web Site. User’s use of the Web Site is subject to all applicable local, state, national and international laws and regulations. User agrees: (1) not to use the Web Site for illegal purposes; (2) not to interfere or disrupt the operation of Web Site or networks connected to the Web Site; (3) to comply with all regulations, policies and procedures of networks connected to the Web Site; (4) not to transmit through the Web Site any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature; (5) not to transmit any material that encourages or aids and abets a criminal offense or gives rise to civil liability; or (6) not to gain unauthorized access to other computer systems. Skycasters may, in its sole discretion, immediately terminate User’s right to use the Web Site should User’s conduct fail to conform to the STOS.
User agrees to comply with any security processes and procedures (such as passwords) specified by Skycasters with respect to accessing or using the Web Site. Further, User agrees not to access or attempt to access any areas of, or through, the Web Site which are not intended for the general public, unless User has been provided with explicit written authorization to do so by Skycasters.
8. Proprietary Rights to Content
User acknowledges that all content, including but not limited to text, software, music, sound, photographs, video, graphics or other material presented to User by the Web Site and resident thereon (“Content”), is protected by copyright, trademark, patent or other intellectual property or trade secret law. User is only permitted to use this Content as expressly authorized by the Web Site and may not copy (other than page caching), reproduce, distribute, modify, mirror or create derivative works from this Content without the express written authorization of Skycasters. User agrees not to use any meta-tags or any other “hidden text” utilizing Skycasters’ name or trademarks, or the name or trademarks of any Skycasters affiliate or subsidiary, without the express written consent of Skycasters. Nothing contained herein shall be construed as conferring upon User any license or right under any copyright, patent, trademark or trade secret held by Skycasters, its affiliates or subsidiaries.
User agrees to defend, indemnify and hold Skycasters, its affiliates, subsidiaries, directors, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of User’s use of the Web Site, the violation of the STOS by User, or the infringement by User, or other user of the Web Site using User’s computer, of any intellectual property or other right of any person or entity.
10. Modification; Termination
Skycasters may modify or terminate the STOS or Web Site with or without cause at any time. Skycasters shall not be liable to User or any third party for modification or termination of the Web Site or STOS. User’s continued use of the Web Site constitutes an affirmative: (i) acknowledgement by User of the STOS and/or Web Site and its modifications, and (ii) agreement by User to abide by and be bound by the STOS and/or Web Site and its modifications. Should User object to the Web Site, the STOS or any subsequent modifications thereto, User’s only recourse is to immediately: (x) discontinue use of the Web Site; (y) terminate Web Site membership; and (z) notify Skycasters of such termination. Upon termination of the Web Site membership, User shall cease all use thereof and shall have no right to receive, and Skycasters will have no obligation thereafter to forward, any unread or unsent messages to User or any third party.
Skycasters reserves the right, in its sole discretion to terminate, change, suspend or discontinue any aspect of the Web Site, including the availability of any features of the Web Site, at any time. Skycasters may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability. Skycasters may terminate the authorization, rights and license given above and, upon such termination, User agrees to immediately destroy all Materials provided to User by Skycasters.
All notices to a party shall be in writing and be made either via email or conventional mail. Skycasters may post notices or messages through the Web Site to inform User of changes to the STOS, the Web Site, or other matters of importance.
The STOS shall be governed by and construed in accordance with the laws of the state of Ohio, excluding its conflict of law provisions. User and Skycasters agree to submit to the exclusive jurisdiction of the courts of Summit County, Ohio or any federal court located within the Northern District of Ohio, and User waives any objection based on forum non conveniens or venue with respect to such jurisdiction in Ohio. If any provision(s) of the STOS is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Skycasters’ failure to exercise or enforce any right or provision of the STOS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Skycasters in writing.
The Web Site is controlled, operated and administered by Skycasters from its offices within the United States of America. Skycasters makes no representation that materials at this site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Web Site or export the Materials in violation of U.S. law, including, but not limited to, U.S. export laws and regulations. If you access the Web Site from locations outside of the United States, you are responsible for compliance with the laws governing such actions in your nation, state, province or municipality.
User agrees that any claim against Skycasters arising out of, or related to, this Web Site must commence within one (1) year after the claim or cause of action arose; otherwise, such cause of action is permanently barred.
The section titles in the STOS are solely used for the convenience of the parties and have no legal or contractual significance.
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