Conditions of Use
PLEASE READ THESE CONDITIONS OF USE OF USE CAREFULLY. THESE CONDITIONS OF USE (“CONDITIONS”) MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THE SITE. BY USING THE SITE, YOU INDICATE YOUR ACCEPTANCE OF THE CONDITIONS. IF YOU DO NOT ACCEPT THE CONDITIONS, THEN DO NOT USE THE SITE.
SkySaver.com (the “Website”) is owned by SkySaver, Inc. (“SkySaver “) and is currently provided free of charge to users who agree to abide by the Conditions. SkySaver reserves the right to change the nature of this relationship at any time, and to revise the Conditions from time to time as SkySaver sees fit. Users who violate the Conditions may have their access canceled and they may permanently be banned from using the Site. Users should check these Conditions periodically. By using the Website after we post changes to these Conditions, you agree to accept those changes, whether or not you actually reviewed them.
We do not discriminate on the basis of age, race, national origin, gender, sexual orientation or religion.
No person under the age of 13 should use the Website without the consent of their parent or legal guardian. We strongly encourage all parents and guardians to monitor the Internet use of their children. Use of the Website by any user shall be deemed to be a representation that the user is 13 years of age or older.
COPYRIGHTS, TRADEMARKS & RESTRICTIONS
The material included herein, including site design, text, graphics and the selection and arrangement thereof are copyrighted © by SkySaver, Inc. ALL RIGHTS RESERVED. SkySaver.com, SkySaver, “Taking Safety Higher”, other trademarks and all page headers, custom graphics, logos, and custom icons are service marks and trademarks of SkySaver, Inc. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
The Website and all materials on the Website, including, but not limited to, images, illustrations, posts, audio clips and video clips (the “Materials”) are the property of SkySaver, its affiliates and licensors, and same are protected from unauthorized copying and dissemination by copyrights that are owned or licensed by SkySaver and by copyright law, trademark law, international conventions and other intellectual property laws. You may not reproduce, perform, create derivative works from, republish, upload, post, transmit or distribute in any way whatsoever any Materials from the Website (or any other Website owned or operated by SkySaver, its subsidiaries or affiliates) without SkySaver’s prior written consent. You are, however, permitted to print hard copy portions of the Website with the sole intent of placing an order with SkySaver. Printing Materials for any other reason, or transferring Materials for use on any other Website, or the modification, distribution or republication of Materials from the Website without SkySaver’s prior written consent is strictly prohibited. Any modification of Materials, or any portion thereof, or use of Materials for any other purpose constitutes an infringement of trademark or other proprietary rights of SkySaver or third-parties.
SkySaver is not responsible for the content of any unaffiliated websites that may be linked to or from the Website. These links are provided for your convenience only and you access them at your own risk. Any other website accessed from the Website is independent from SkySaver, and SkySaver has no control over the content of that other website. In addition, a link to any other website does not imply that SkySaver endorses or accepts any responsibility for the content or use of such other website. In no event shall any reference to any third-party or third-party product or service be construed as an approval or endorsement by SkySaver of that third-party or of any product or service provided by a third-party.
Product availability and some prices offered on the Website may vary based on your location. Prices shown on the Website apply to products on the Website. Price and availability are subject to change without notice.
We attempt to display all products shown on the Website in an accurate manner; however, because of the technical differences in the equipment of our customers, we cannot be responsible for photographic differences in size, shape and color of the products.
The receipt of an email order confirmation is simply a recognition that we have received your requested order, and does not constitute an offer to sell. We reserve the right to limit the quantity of any item sold, or prohibit a sale altogether, including but not limited to prohibiting sales to resellers.
NOTICE AND TAKE-DOWN PROCEDURES
If you believe any Materials on the Website infringe your copyright or trademark rights, you may request such Materials be removed by following the notice and take-down procedures of the Digital Millennium Copyright Act. To follow those procedures, contact SkySaver’s copyright agent (identified below) and provide the following information:
- A clear statement identifying the works or other Materials believed to be infringed.
- A statement from the copyright holder or authorized representative that the Materials are believed to be infringing.
- Sufficient information about the location of the allegedly infringing Materials so that SkySaver can find and verify its existence.
- Your name, telephone number and email address.
- A statement from you under penalty of perjury that the information supplied is accurate, and that you are authorized to act on the copyright owner’s behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
SkySaver’s agent for notice of copyright issues on the Website can be reached as follows:
40 Wall Street
New York, NY 10005
Attn: Legal Department
(ref: Copyright Infringement)
CONDUCT OF USERS
You agree that you will not: (i) transmit via or through the Website any information, data, text, files, links, software, chat, communication or other materials that is or that SkySaver considers to be unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, racially or ethnically hateful or otherwise objectionable; (ii) attempt to transmit any “virus,” “trojan horse” or other software destruction or disruption device; (iii) intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to, any regulations having the force of law while you are using or accessing the Website or in connection with your use of the Website, in any manner; and (iv) invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity.
By using the Website, you agree to indemnify SkySaver for any and all claims, damages, losses, liabilities and causes of action (including expenses and attorneys’ fees) incurred by SkySaver arising out of or relating to your breach or alleged breach of these Conditions (including, without limitation, claims made by third-parties for infringement of intellectual property rights). You agree to cooperate as fully as reasonably required in the defense of any claim. SkySaver reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
DISCLAIMER, LIMITATION OF LIABILITY
THE WEBSITE IS PROVIDED BY SKYSAVER ON AN “AS IS” AND “AS AVAILABLE” BASIS. SKYSAVER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO (1) THE OPERATION OF THE WEBSITE, (2) THE QUALITY, ACCURACY, COMPLETENESS OR VALIDITY OF ANY MATERIALS ON THE SITE, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE WEBSITE, OR (3) WHETHER THE FUNCTIONS CONTAINED ON THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. SKYSAVER IS NOT RESPONSIBLE FOR PRINTING OR TYPOGRAPHICAL ERRORS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.
THIS WEBSITE MAY ALSO CONTAIN FACTS, VIEWS, OPINIONS, STATEMENTS AND RECOMMENDATIONS OF THIRD-PARTY INDIVIDUALS AND ORGANIZATIONS. SKYSAVER DOES NOT REPRESENT OR ENDORSE THE ACCURACY, TIMELINESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE WEBSITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION WILL BE AT YOUR SOLE RISK.
SKYSAVER IS NOT RESPONSIBLE OR LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER INDIRECT DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR THE INFORMATION CONTAINED ON THE WEBSITE, EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY OF SKYSAVER TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THE WEBSITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED ONE DOLLAR (USD $1.00).
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
SkySaver may, in its sole discretion, terminate or suspend your access to all or part of the Website, for any reason, including, without limitation, breach of these Conditions. In the event these Conditions are terminated, the restrictions regarding Materials appearing on the Website, and the representations and warranties, indemnities and limitations of liabilities set forth in these Conditions will survive termination. In the event that you are unsatisfied with the services provided by SkySaver, your sole remedy is to terminate your use of the Website.
SkySaver operates the Site from its offices within the United States. SkySaver makes no representations that content and materials on the Site are legal or appropriate for use from outside the United States. If you choose to access the Site from other locations, you do so at your own risk and are responsible for compliance with any and all local laws. You may not use the Website in violation of U.S. export laws and regulations. These Conditions will be governed by and construed in accordance with the laws of the
State of New York, as it is applied to agreements entered into and performed therein, and excluding (i) the United Nations Convention on Contracts for the International Sale of Goods; (ii) the 1974 Convention on the Limitation Period in the International Sale of Goods; and (iii) the Protocol amending the 1974 Convention, done at Vienna April 11, 1980. Any action brought to enforce these Conditions or matters related to the Site will be brought in either the State or Federal Courts of the State of New York; provided, however, that notwithstanding anything contained in these Conditions to the contrary, SkySaver shall have the right to institute judicial proceedings against you or anyone acting by, through or under you, in order to enforce SkySaver’s rights hereunder through reformation of contract, specific performance, injunction or similar equitable relief. Any claim or cause of action you have with respect to use of the Website must be commenced within one (1) year after the claim arises. If any provision of these Conditions is deemed void, unlawful or otherwise unenforceable for any reason, that provision will be severed from these Conditions and the remaining provisions of these Conditions will remain in force. These Conditions constitute the entire agreement between you and SkySaver concerning your use of the Site.
COMMENTS, COMPLAINTS AND QUESTIONS
We welcome your feedback about the Website. However, any comments, ideas, notes, messages, suggestions or other communications sent to the Website shall be and remain the exclusive property of SkySaver, and we may use all such communications in any manner, including reproducing, disclosing and publishing such communications, all without compensation to you. Should you have any questions or complaints regarding violations of these Conditions, please contact us.