Last updated: April 8, 2015
Welcome to www.skykick.com, which is owned and operated by SkyKick, Inc. (“SkyKick,” “ we,” “us” or “our”). These terms and conditions of use (these “Terms”) apply to your use of www.skykick.com or any successor website (the “SkyKick Site”). SkyKick authorized IT Solutions Providers and customers of SkyKick’s services are subject to additional terms and conditions.
Accepting these Terms
If you access or use the SkyKick Site, it means you agree to be bound by all of the terms below. Please read all of the terms before you use the SkyKick Site. If a term does not make sense to you, please let us know. If you don’t agree to all of the terms below, you may not use the SkyKick Site.
Changes to these Terms
We encourage you to review the Terms regularly to know about our practices. We may change these Terms from time to time. If we make changes, we will let you know by revising the date at the top of these Terms and, in some cases, provide you with additional notice (such as adding a statement to our homepage). Any changes we make to these Terms will be effective when we post them. If you use the SkyKick Site after we have posted the changed Terms, then you have accepted the changes to these Terms.
Right to Use the SkyKick Site
On the condition that you fully comply with these Terms, SkyKick grants you a limited, nonexclusive, non-transferable and revocable license to access and use the SkyKick Site.
Except as expressly authorized by these Terms, you may not: (a) modify, disclose, alter, translate or create derivative works of the SkyKick Site or any contents of the SkyKick Site; (b) license, sublicense, resell, distribute, lease, rent, lend, transfer, assign or otherwise dispose of the SkyKick Site; (c) disassemble, decompile or reverse engineer any of the software components of the SkyKick Site; (d) copy, frame or mirror any part of the SkyKick Site; (e) interfere with or disrupt the integrity or performance of the SkyKick Site; or (f) attempt to gain unauthorized access to the SkyKick Site or its related services, components, systems or networks.
As between you and SkyKick, all information, materials and content of the SkyKick Site, including text, graphics, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, services, videos, designs, typefaces, source and object code, format, queries, algorithms and other content is owned by SkyKick or is used with permission. SkyKick reserves all rights not expressly set forth in these Terms.
Any suggestions, comments or other feedback you give us about the SkyKick Site or any SkyKick products and services will be our confidential information. We are free to use, disclose, reproduce, license, distribute and exploit this feedback as we see fit, without compensation to you or any obligation or restriction because of any intellectual property rights or otherwise.
Third Party Materials
We may make third party content or services available on or through the SkyKick Site as a convenience to our users (for example, links to third party websites) (“Third Party Materials”). We do not control or endorse any Third Party Materials nor are we responsible for reviewing the accuracy of any Third Party Materials. Your business dealings or correspondence with third parties, and any terms, conditions, warranties or representations applicable to any Third Party Materials, are solely between you and the applicable third party. When you leave the SkyKick Site, you should be aware that these Terms and all other SkyKick policies no longer govern your use of other websites and services.
THE SKYKICK SITE AND ANY CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SKYKICK SITE (INCLUDING THIRD PARTY MATERIALS) ARE PROVIDED TO YOU ON AN AS-IS BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SKYKICK SITE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SKYKICK SITE (INCLUDING THIRD PARTY MATERIALS) WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE.
Limitation of Liability
IN NO EVENT WILL SKYKICK BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SKYKICK SITE OR ANY OTHER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SKYKICK SITE (INCLUDING THIRD PARTY MATERIALS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES OR ARE AWARE OF THE POSSIBILITY OF THESE DAMAGES.
You will defend, indemnify, and hold us harmless from and against any actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgements, settlements, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees, costs, penalties, interest, and disbursements) arising from or related to any conduct with respect to your use of the SkyKick Site or violation (or alleged violation) of these Terms.
Changes to the SkyKick Site
SkyKick reserves the right in our discretion to review, improve, change or discontinue, temporarily or permanently, the SkyKick Site and/or any features, information, materials or content on the SkyKick Site with or without providing notice to you. SkyKick will not be liable to you or any third party for any changes or discontinuance of the SkyKick Site or any part of the SkyKick Site.
These Terms will be governed by and construed and enforced in accordance with the laws of the State of Washington, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to this Agreement will be filed only in the state and federal courts located in Seattle, Washington, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.
Enforcement of these Terms is solely at SkyKick’s discretion. Failure to enforce any part of these Terms in some instances does not constitute a waiver of our right to enforce the same or other part of these Terms in other instances. If any provision of these Terms is or becomes unlawful, void or otherwise unenforceable (including the warranty disclaimers and liability limitations above), then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remaining provisions of these Terms will continue in full force and effect. As used in these Terms, “including” means “including (without limitation).” The section headings these Terms and are for reference purposes only and will not affect the meaning or interpretation of these Terms.