These Terms of Service (these “Terms”) apply when you access or use any website, mobile application and other online product and service (collectively, the “Services”) of Skymind Inc. ("Skymind",” “we” or “us”). These Terms do not alter the terms or conditions of any other agreement you may have with Skymind for specific products or services. If you are using the Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf and that such entity agrees to indemnify you and Skymind for violations of these Terms. Nothing in these Terms will be deemed to confer any third-party rights or benefits. You can review the most current version of the Terms of Service at any time here. Skymind reserves the right to update and change the Terms of Service by posting updates and changes to the Site. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.
A. Account Terms
B. General Conditions
- You must be 18 years or older to use this Service.
- You may not use Skymind for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws) as well as the laws of the United States and the State of California.
- A breach or violation of any of the Account Terms as determined in the sole discretion of Skymind will result in an immediate termination of your services.
- We reserve the right to modify or terminate the Service for any reason, without notice at any time.
- We reserve the right to refuse service to anyone for any reason at any time.
- Your use of the Service is at your sole risk. The Service is provided on an ”as is“ and ”as available“ basis without any warranty or condition, express, implied or statutory.
- Skymind does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
- You expressly understand and agree that Skymind shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
- In no event shall Skymind be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or this agreement (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Skymind partners, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Skymind.
- The failure of Skymind to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Skymind and govern your use of Skymind, superseding any prior agreements between you and Skymind (including, but not limited to, any prior versions of the Terms of Service).
D. Data Security
- We reserve the right to change our pricing schedule from time to time. Changes to that schedule are effective after we provide you with at least fourteen days' notice by posting the changes on the Site.
- Skymind shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
You are fully responsible for the security of data on your website or otherwise in your possession. You agree to comply with all applicable state and federal laws and rules in connection with your collection, security and dissemination of any personal, financial, or transaction information (defined as “Data”) on your website.
The Services and all content and other materials on the Services, including, but not limited to, the Skymind effects, our logo and all designs, text, graphics, logos, icons, images, photographs, audio clips, digital downloads, data compilations, software and the selection and arrangement thereof (collectively, the “Materials”) are our property or are licensed to us are protected by United States and/or international copyright laws. Except as otherwise provided in these Terms, you are not permitted to copy, modify, display, license, create derivative works of, or otherwise exploit our Materials without written permission of the copyright holder.
F. Legal Disputes
If a dispute arises between you and Skymind, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Skymind agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly at [email protected]
to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
- Law and Forum for Legal Disputes - This Agreement shall be governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Skymind must be resolved exclusively by a state or federal court located in San Francisco County, California, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within San Francisco County, California for the purpose of litigating all such claims or disputes.
- Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.