TERMS OF SERVICE

 
 

Last Updated: April 25, 2016

Please read this Terms of Service Agreement (“Agreement”) carefully. It is intended to provide the terms and conditions associated with the use of this website.  Use of, or access to, any of the pages of the Skilly-do website (the “Site”) indicates an agreement on your part to be bound by the following terms and conditions.

This Agreement incorporates the Privacy Policy here by reference. If you do not agree to the terms and conditions in the Privacy Policy, please do not use the Site.

This Agreement shall constitute the entire agreement between the Site and you. It shall supplant all previous agreements and warranties and any simultaneous agreements, warranties, or understandings. If any part of this Agreement is deemed to be unenforceable, it shall not prevent all remaining portions to remain in full effect.

Your Information

When you provide your information, you agree that if you request it, Skilly-do may contact you by telephone or email, even if you are part of the Federal Trade Commission’s Do Not Call list or any particular state’s Do Not Call list. This also extends to any applicable trade, business, or other Do Not Call list.

Use of Site

You agree:

1) You are at least eighteen (18) years of age.

2) You take complete and full responsibility for use of the Site.

3) All information provided is accurate.

You agree that you will NOT:

1) Transmit any information which is illegal, harmful, sexually explicit, defamatory, or violative of personal privacy in any way.

2) Interfere with the operation of this website, including, but not limited to, deciphering our transmissions of information or data; unreasonably burdening our servers, transmitting viruses, worms, software agents, or anything else harmful.

3) Make information known which it is illegal or unethical for you to make known.

4) Impersonate another person.

5) Do anything else that may illegally or unnecessarily interfere with the operation of the Site.

Business Use

If you are using Skilly-do’s products or services on behalf of a business, that business accepts the terms of this Agreement. It will hold harmless and indemnify Skilly-do and its affiliates, officers, agents, owners, and employees from any claim, suit or action arising from or related to the use of products or services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.

Our Intellectual Property

You agree not to display or use in any manner the content on this Site without the express, written consent of Skilly-do. The copyrighted material and/or trademarks of third parties on this Site are here with permission and may only be used with the express consent of that particular third party. All materials on this site and the software used in conjunction with this Site is our exclusive property and may be not be used without express consent. Moreover, you may not attempt to reverse engineer or otherwise discover or use the source code. You may not assign or in any way give or take rights in the site, its interface or its code. You also may not access this site in any fashion other than the interface provided by Skilly-do. Failure to comply with any or all of the provisions related to our intellectual property may result in civil or criminal penalties.

Links

Any links to third party service and product providers that may be found on this site are intended to be beneficial to you. The site is not, however, responsible for the accessibility of these sites or the content found on these sites. We are also not responsible for any loss or damage resulting from these sites or their services or products. Please do not hesitate to contact us regarding any of our links – be it positive or negative. All feedback is appreciated.

Indemnification

You agree to indemnify and hold harmless Skilly-do and all agents, members, managers, shareholders, employees, subsidiaries, affiliates, contractors, representatives, and vendors from any action by any third party resulting from your use of the site or use of the site from your computer.

No Warranty and Limitation of Liability

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SKILLY-DO’S PRODUCTS AND SERVICES ARE PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. SKILLY-DO DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, ACCURACY OF DATA (INCLUDING BUT NOT LIMITED TO LOCATION DATA), MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. SKILLY-DO DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF ITS PRODUCTS OR SERVICES; THAT OPERATION OF ITS SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ITS PRODUCTS OR SERVICES WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SERVICES OR THAT ANY ERRORS WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY SKILLY-DO OR ANY AUTHORIZED AGENT OR REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS APPLY ONLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

IN NO EVENT WILL SKILLY-DO BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, ACCESS, USE, OR MALFUNCTION OF ITS PRODUCTS OR SERVICES, INCLUDING BUT NOT LIMITED TO, DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, PROPERTY DAMAGE, LOST PROFITS OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE AND WHETHER OR NOT SKILLY-DO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. THIS LIMITATION OF LIABILITY SHALL NOT BE APPLICABLE SOLELY TO THE EXTENT THAT ANY SPECIFIC PROVISION OF THIS LIMITATION OF LIABILITY IS PROHIBITED BY ANY FEDERAL, STATE, OR MUNICIPAL LAW, WHICH CANNOT BE PRE-EMPTED. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

IN NO EVENT SHALL SKILLY-DO’S LIABILITY FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE ACTUAL PRICE PAID BY YOU FOR SKILLY-DO’S GOODS AND SERVICES.

Termination

Your access to the Site may be terminated at any time for breach of this agreement, request from legal authorities, technical or security problems, actions on your part which may negatively affect the Site, and any other reasons, foreseeable or unforeseeable which Skilly-do deems warrants termination.  We have a 90-day guarantee for subscriptions of one year or longer to the Site; after that 90-day period, the subscription fee is non-refundable.

Applicable Laws

This Agreement shall be governed by the laws of the State of North Carolina, without regard to its conflict of laws provisions. Any and all actions instituted shall be in the State or Federal courts of Wake County, North Carolina.

Miscellaneous

Skilly-do reserves the right, at its discretion, to change, modify, add or remove portions of this Agreement by posting the updated Agreement on its website. You will be deemed Agreement have accepted such changes by continuing to use the Site. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of this Agreement shall not be affected and shall still be enforceable to the greatest extent allowed by applicable law.