PLEASE REVIEW THE TERMS CAREFULLY. BY USING THE SERVICES YOU AGREE TO BE BOUND BY EVERYTHING IN THE TERMS. IF YOU DO NOT AGREE, YOU SHOULD STOP USING THE SERVICES IMMEDIATELY.
1. SUMMARY OF SERVICES AND BASIC TERMS
These Terms apply to all websites, software, mobile applications, tools and resources developed, offered or operated by SKOSAY. The Terms apply to you and all other users of the Services (“you” and “Users”).
As a general policy, you are exclusively responsible and liable for your use of the Services and for any consequence of your use of the Services. Any exceptions to this policy will be clearly explained in these Terms. If you do not see a specific exception listed in these Terms, then it is not an exception, and you will be solely responsible.
Certain SKOSAY Services include SMS text services (including the “Skosay SMS Program” and “Simply Rebate”). YOUR SERVICE PROVIDER’S MESSAGE AND DATA RATES MAY APPLY IN CONNECTION WITH THE SKOSAY SMS PROGRAM. Additional information and terms relating to the Skosay SMS Program are set out below.
We may change the Services from time to time without notice. We may stop providing the Services, or restrict use of the Services, without notice and for any reason.
We rely on third-party providers for certain parts of the Services. Because of this and for other reasons, the Services may be unavailable, interrupted or terminated from time to time for many reasons (including routine maintenance).
By using the Services, you agree that SKOSAY will not be responsible or liable to you or any third party for any consequence, loss or damage arising (directly or indirectly) from or relating to any of the circumstances described in this section or the Terms generally, unless specifically described otherwise in these Terms.
2. PERSONAL INFORMATION; PRIVACY; SECURITY
By using the Services, you agree that you provide your personal information and content at your own risk. You are solely responsible for maintaining the security of your information.
You will automatically receive various messages from us, and you may receive communications from our partners (including advertising and marketing messages). You may change or opt out of certain communications by contacting us at email@example.com. However, in some instances, we may need to provide you with service announcements and administrative messages. These particular communications are a necessary part of the Services. You cannot opt-out from receiving these communications.
3. ELIGIBILITY AND YOUR OBLIGATIONS AS A USER
You must be able to form a binding contract to use the Services. By using the Services, you represent that you are able to do so. If you are under 18 years old, your parent or guardian must enter into this Agreement on your behalf. That parent or guardian will be responsible for your use of the Services, including financial responsibility. Persons under 13 years old are expressly prohibited from using the Services. Any attempt by a person under the age of 13 to use the Services will be automatically void. If SKOSAY receives credible notice that a User is under 13 years old, we will automatically remove the User from the Services and delete all information about and from that User from the Services.
We may implement or offer some Services via individualized accounts for Users (“User Profiles”). In such an event, you will be able to manage your preferences through the account settings page associated with such accounts. As explained below, your eligibility for certain offers will depend on the information in your account, such as contact and payment details, remaining current, among other requirements.
To the extent you are allowed to register for the Services by using existing third-party accounts or profiles (ex: Facebook Connect), you acknowledge that you will also be subject to the third-party terms and conditions associated with those third-party services if you choose to use those features. Those terms and conditions may be materially different than our policies, especially with regard to information privacy and security.
Certain of our Services are facilitated by SMS text message communication, including but not limited to the Skosay SMS Program and certain offers under the Simply Sample and Simply Rebate programs (“SMS-based offers”). By using our SMS-based offers, you acknowledge and certify: (i) you are the account holder for the phone number you provide or (ii) if a third-party’s number, you have the proper authorization and permission from the third party account holder to use such phone number in connection with the SMS-based offers.
SKOSAY uses the short codes 89000 and 84700 to promote and administer the SMS-based offers.
There is no charge from SKOSAY for the SKOSAY SMS Program, Simply Sample, or Simply Rebate; HOWEVER, YOUR SERVICE PROVIDER’S MESSAGE AND DATA RATES MAY APPLY TO ANY SMS-BASED OFFER.
By providing your phone number and enrolling in an SMS-based offer, you acknowledge and agree that you are enrolling to receive automated marketing text messages. If you sign up for multiple subscriptions or offers, you may receive multiple confirmation messages from us because your confirmation is needed for each subscription or offer.
The Skosay SMS Program is a subscription service. You will receive no more than 12 messages per week per subscription. Your subscription to the Skosay SMS Program will automatically renew until you decide to cancel the subscription. However, there are no commitments. You may opt out at any time by texting STOP to 89000 or 84700, depending on which of the Skosay SMS Program Services you have subscribed. For help, text HELP to 89000 or 84700, depending on which of the Skosay SMS Program Services you have subscribed, or contact SKOSAY at firstname.lastname@example.org to adjust your preferences. We will handle all requests promptly.
Each of our Simply Sample and Simply Rebate offers are subject to offer-specific terms and restrictions in addition to these Terms (“Additional Terms”), which are hereby incorporated into these Terms. Offers may be valid only during specified dates or for limited times, and are subject to the laws of the state where they are offered. It is your responsibility to review these Terms and the Additional Terms, along with any other relevant rules or regulations, for any offer before you participate.
Through the Simply Rebate program, Skosay offers rewards when users purchase or take advantage of certain third-party products and services. To be eligible for a Simply Rebate offer, you must meet the following criteria, along with the criteria provided in any Additional Terms that apply to that offer:
You must provide and maintain up-to-date, valid and accurate contact and payment details in the rebate form you submit to us and in your active User Profile, as applicable.
You must not establish more than one User Profile, share your mobile number or account with another party or use another person’s mobile number, for the purpose of increasing your Simply Rebate-eligible purchases or activities or otherwise evading the terms that apply to an offer.
You must submit a valid and legitimate receipt, code, or other rebate form to us in an acceptable format within the time frame of the active offer, or, if given the opportunity to correct, within a reasonable time after being asked to correct your submission.
You must not have exhausted the number of times the offer may be enjoyed per person.
You must not be in violation of these Terms or the additional terms of any offer.
If you meet the eligibility criteria, Skosay will distribute the appropriate reward within 7 days of receipt of a completed Simply Rebate submission. The method of distribution of rewards may vary from offer to offer or change during an offer without notice, and could include, among other methods: direct mailing of a check; credit to a user’s account with a third party payment processor such as PayPal; or credit to a user’s account with a third party vendor or service provider. We will not distribute checks to P.O. boxes, and we are not responsible for lost or stolen checks. If any of the terms of this paragraph have not been met, you may contact us at email@example.com to check the status of your reward.
We reserve the right, in our sole discretion, to determine that a user is ineligible for a Simply Rebate offer. If we terminate your account for any reason, or if you deactivate your User Profile, we may determine not to distribute outstanding Simply Rebate rewards to you. If we determine, in our sole discretion, that you have attempted to evade the terms of an offer, or that your submission contains a receipt or form that has been tampered with, we may demand repayment of distributed rewards or take other corrective or remedial actions.
You are solely responsible for any federal, state, or local taxes or government fees owed on distributed rewards or other benefits that you receive as a result of your participation in our Services. However, we may issue tax forms, such as an IRS Form 1099, in your name for the value of rewards that we send you.
Access to and use of password protected and secure areas of the Services is restricted to authorized Users. Unauthorized persons who access or attempt to access these parts of the Services will be prosecuted.
You are solely responsible and liable for all activity that occurs on and through your User information, or in connection with your user of the Services. You are solely responsible and liable for safeguarding the security and accuracy of your User information and notifying SKOSAY of any unauthorized use of your User information.
There are certain things you cannot do on the Services:
You will not provide false information; use the Services or create an account for anyone other than yourself without that person’s permission; use a name of another person with the intent to impersonate or disparage that person; use a name that is subject to rights of a third party without the proper authorization; or use a name or post any content anywhere on the Services that is offensive, vulgar, obscene or otherwise unlawful.
You will not provide services to or otherwise have any interactions with any other User that are injurious, threatening, violent, abusive, harassing, defamatory, invasive of privacy, tortious, obscene, vulgar or profane to the User. You will not provide any services or conduct any action on or through the Services that are (i) in furtherance of illegal activities, (ii) false, fraudulent or deceptive; or (iii) otherwise unlawful.
You will not reverse engineer, reverse compile, reduce to human readable form or derive (or attempt to derive) the source code of any software associated with the Services. In these Terms, “reverse engineer” will mean the examination or analysis of the Services to determine the source code, structure, organization, internal design, algorithms or encryption devices of the underlying technology of the Services.
You will not access or tamper with non-public areas of the Services, including, but not limited to, our computer and network systems; breach or circumvent any security or authentication measures; scrape the Services without the prior consent of SKOSAY; use the Services to send altered, deceptive or false information; or interfere with or disrupt (or attempt to do so) any User, host or network, including, but not limited to, sending a virus, overloading, flooding, spamming, or scripting the Services.
You will not create or help create any product or service that is derivative or competitive with the Services.
SKOSAY reserves the right to charge fees for use of the Services. SKOSAY will post current pricing information and payment policies on the Services through provisional contracts or on the website www.skosay.com. All payments to SKOSAY through the Services will be non-refundable.
The Services may include advertisements and other marketing messages from SKOSAY and its partners. The form and frequency of advertising and marketing messages on the Services may change without notice to you. By using the Services you agree that SKOSAY and its third-party partners may advertise on the Services, including, but not limited, targeted advertisements related to content posted by you or others.
We may offer special promotional offers through the Services that may or may not apply to you or your use of the Services. By using the Services, you agree to be bound by the terms of the special offers.
The Services may not be available in all geographic areas. The Services are available only to Users with internet and network connections capable of supporting the Services. You are solely responsible for obtaining internet and network connections capable of supporting the Services.
SKOSAY may, in its sole discretion and for any reason, refuse to offer the Services to any person or entity, or change the eligibility criteria for the Services at any time. You may voluntarily cancel your use of the Services at any time through your Settings page.
Failure to comply with any of the terms and obligations set out in this Section 3 will be a breach of these Terms and may result in termination of your use of the Services and prosecution for damages. You agree that SKOSAY will not be liable, and you will indemnify, hold harmless and reimburse SKOSAY for any consequence, loss, damage or expense (direct or indirect) (including attorneys’ fees and settlement amounts) arising from or relating to your failure to comply with any of the terms and obligations set out above.
4. INFORMATION AND CONTENT ON THE SERVICES
You will have exclusive responsibility and liability for all information and content published on or through your use of the Services or in connection with your User information, whether publicly posted or privately transmitted. SKOSAY is not responsible or liable for any User information or content, or any consequence, loss or damage (direct or indirect) caused by or related to User information or content.
SKOSAY does not represent or guarantee completeness, truthfulness, accuracy, appropriateness or reliability for any content or information posted on the Services, or endorse any opinion expressed on the Services. If you choose to use or rely on information or content posted on or obtained through the Services (whether published by Users or SKOSAY), your use or reliance is at your own risk.
By using the Services you may be exposed to content that is offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, misleading or otherwise deceptive. SKOSAY does not monitor content provided by Users and will not censor or remove User content, except in the limited circumstances described in these Terms. You agree that SKOSAY will not be responsible or liable for any content on or made available through the Services under any circumstance.
When you provide information on the Services as a User, you represent and warrant that the information you post or make available:
- Is not counterfeit or stolen;
- Does not infringe or violate the intellectual property or proprietary rights of SKOSAY or any third party;
- Is not for any unlawful purpose or in furtherance of illegal activities (international users agree to comply with all local laws regarding online conduct and acceptable content);
- Does not violate any contractual obligation;
- Is not false, fraudulent or deceptive;
- Is not threatening, violent, abusive, harassing, defamatory, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, profane, discriminatory, or otherwise inappropriate;
- Does not contain or depict nudity or sexual activity;
- Is not unsolicited advertising, junk mailing, or spamming;
- Does not contain software viruses, malware/phishing or any other computer mechanism designed to disrupt, damage, monitor, or interfere with the independent functioning of SKOSAY or third party equipment, software, or systems;
- Does not impersonate any person without such person’s prior consent;
- Does not include any personal identification, financial, or confidential information of any other person or entity without prior consent;
- Does not solicit Users or guests to use other on- or off-line services that are competitive with SKOSAY;
- Does not attempt by any method to determine source code or underlying algorithms of any part of the Services;
- Does not falsely imply affiliation with or sponsorship by SKOSAY without the prior written consent of SKOSAY; or
SKOSAY reserves the exclusive right to determine whether information you post or make available on the Services falls within any of the prohibited categories listed above. We may immediately terminate or suspend your use of the Services without notice to you in the event that, in our judgment, you violate this section. Accounts created to replace suspended Users will be permanently suspended. Users engaging in any of these behaviors may be investigated for abuse.
Failure to comply with any of the terms and obligations set out in this Section 4 will be a breach of these Terms and may result in termination of your use of the Services and prosecution for damages. You agree that SKOSAY will not be liable, and you will indemnify, hold harmless and reimburse SKOSAY for any consequence, loss, damage or expense (direct or indirect) (including attorneys’ fees and settlement amounts) arising from or relating to your failure to comply with any of the terms and obligations set out above.
5. OUR LICENSE TO YOUR INFORMATION AND CONTENT
When you use the Services, you keep your rights to information and content you submit, post or make available on, through or about the Services (“your information”). However, by using the Services, you grant SKOSAY an automatic, worldwide, non-exclusive, royalty-free, perpetual license to use, copy, reproduce, adapt, modify, publish, display, transfer, sublicense and distribute your information for any purpose and in any and all media or distribution methods (now known or later developed).
You agree that this license includes the right for SKOSAY to promote and improve the Services by any action, including promotional or commercial uses, and to make your information available to certain third parties that partner with SKOSAY. We may modify or adapt your information in order to transmit, display or distribute it in various media, networks, forms and devices.
By using the Services you agree that you will not be entitled to any compensation from SKOSAY (or other companies, organizations or individuals who partner with SKOSAY) for your information or for use of your information, including promotional or commercial uses.
You understand and agree that since your information may be distributed or published by SKOSAY and our partners, you may be subject to liability if you do not have the legal right to use, submit or publish the information on the Services. In that event, you will be exclusively responsible for your use of the Services, for all information and content you submit and publish, and for all consequences arising from both, including the use of your information by other Users and our third party partners. SKOSAY will not be responsible or liable for any use or consequence of your information (whether by SKOSAY, a third party partner or other User). By using the Services, you represent and warrant that you have the necessary rights and authority to use and publish all information and content posted or made available by you on, through and about the Services, and to grant the licenses given to SKOSAY in this Agreement.
Failure to comply with any of the terms and obligations set out in this Section 5 will be a breach of these Terms and may result in termination of your use of the Services and prosecution for damages. You agree that SKOSAY will not be liable, and you will indemnify, hold harmless and reimburse SKOSAY for any consequence, loss, damage or expense (direct or indirect) (including attorneys’ fees and settlement amounts) arising from or relating to your failure to comply with any of the terms and obligations set out above.
6. OUR RIGHTS AS SKOSAY
SKOSAY exclusively and perpetually owns and holds all right, title and interest in and to the Services and all information and content published by SKOSAY on the Services. The Services are currently (or may be in the future) protected by copyright, trademark, patents, trade secrets and other laws of both the United States and foreign countries. Other than as expressly provided in these Terms, you do not have any right to use the SKOSAY name or any of the SKOSAY trademarks, logos, domain names, distinctive brand features or other intellectual property or content in any way.
We reserve the right to terminate, suspend or refuse to provide the Services, to suspend or terminate Users, and to reclaim usernames – all at any time and for any reason in our sole discretion, and without liability to you.
We will seek to protect your information from disclosure in most instances as a general policy. However, we reserve the right to access, read, preserve and disclose any User information that we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce these Terms, including investigation of potential violations; (iii) detect, prevent or otherwise address fraud, security or technical issues, (iv) respond to User support requests; and (v) protect the rights, property or safety of SKOSAY, our Users and the public.
Feedback, comments and suggestions you provide about SKOSAY or the Services is entirely voluntary. We are free to use all feedback, comments and suggestions without any obligation or compensation to you.
7. YOUR LICENSE TO USE THE SERVICES
When you use the Services, SKOSAY gives you a limited, personal, revocable, non-transferable and non-exclusive license to use the Services. This limited license is only so you may use and enjoy the benefit of the Services as provided by SKOSAY as allowed under these Terms. This license is revocable at will and may be terminated by SKOSAY without notice to you.
8. INTELLECTUAL PROPERTY DISPUTES
SKOSAY reserves the right in its sole discretion to remove Users, User information and content that are alleged to infringe the intellectual property of others without prior notice or liability to Users. In appropriate circumstances, we may also terminate a User for content violations.
SKOSAY will respond to notices of alleged infringement that comply with applicable law, including the Digital Millennium Copyright Act of 1998 (the “DMCA”; for more information see http://www.copyright.gov/legislation/dmca.pdf). If you believe your intellectual property has been used or copied in an infringing way, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the material claimed to have been infringed; (iii) identification of the material that is claimed to be infringing, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the intellectual property owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the intellectual property owner.
You must provide this notice to our agent for notice of alleged intellectual property infringement:
Red J, Inc.
Attn: Intellectual Property Dispute
306 W Adams St. Fayetteville, AR 72701
On receipt of proper notice, we will take the actions that we consider appropriate in our sole discretion, including removal of the challenged material from the Services and termination of user accounts. If you believe that your posted material was improperly removed, you may send a counter notification containing the pertinent information as set forth in the DMCA to our agent, who may restore the removed material in accordance with the DMCA.
These Terms will continue to apply until terminated by either you or SKOSAY.
You may end your legal agreement with SKOSAY at any time for any reason by discontinuing your use of the Services. You do not need to notify SKOSAY when you stop using the Services. If you stop using the Services without deactivating your account, SKOSAY may eventually deactivate your account(s) for prolonged inactivity.
SKOSAY may suspend or terminate your accounts (or quit providing you with all or part of the Services) at any time for any reason, including, but not limited to, our belief that: (i) you have violated these Terms or other published policies, (ii) you create risk of or possible legal exposure for SKOSAY; or (iii) the Services are no longer commercially viable.
In all such cases, your license to use the Services will automatically be canceled, except that the following sections will continue to apply: 4, 5, 6, 8, 9, 10 and 11.
10. DISCLAIMERS AND LIMITATIONS OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY. This section limits the liability of SKOSAY and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners and licensors (collectively, the “SKOSAY Entities”). BY USING THE SERVICES YOU EXPRESSLY AGREE TO BE BOUND BY THIS SECTION. Each subsection below applies to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of certain warranties or the limitation of liability in contracts, and, as a result, the contents of these sections may not apply to you.
A. THE SERVICES ARE AVAILABLE “AS-IS”
SKOSAY has no fiduciary or special relationship with you. Your access to and use of the Services are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis.
Without limiting the foregoing, to the maximum extent permitted under applicable law, THE SKOSAY ENTITIES DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, SECURITY, ACCURACY AND ANY WARRANTIES IMPLIED BY PERFORMANCE OR USE. SKOSAY DOES NOT WARRANT, GUARANTEE OR ASSUME RESPONSIBILITY FOR (i) ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY OR USER THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE OR (ii) ANY CONTENT SUBMITTED OR PUBLISHED BY A THIRD PARTY OR USER THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE.
The SKOSAY Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services; (iii) the deletion of, or the failure to store or to transmit, any information and other communications maintained by the Services; (iv) whether the Services meet your requirements or are available on an uninterrupted, secure or error-free basis; and (v) any third-party claims, consequence, loss or damage (direct or indirect) arising in any way out of or related to use of the Services or these Terms. No advice or information, whether oral or written, obtained from the SKOSAY Entities or through the Services, will create any warranty not expressly made in these Terms.
IT IS THE EXCLUSIVE RESPONSIBILITY OF EACH USER TO EVALUATE THE ACCURACY, COMPLETENESS, DEPENDABILITY, USEFULNESS AND MARKETABILITY OF ANY PRODUCT, SERVICE, CONTENT OR INFORMATION AVAILABLE THROUGH THE SERVICES OR OBTAINED FROM ANOTHER USER, THIRD PARTY OR LINKED SITE.
The Services may contain links to third-party websites or resources. You acknowledge and agree that the SKOSAY Entities are not responsible or liable for: (i) the availability or accuracy of such websites or resources; (ii) the content, products or services on or available from such websites or resources; and (iii) any consequence, loss or damage (direct or indirect) arising from such websites or resources. Links to such websites or resources do not imply endorsement by the SKOSAY Entities of the websites, resources or the content, products, or services available from the websites or resources. You acknowledge sole responsibility for and assume all risk of your use of any third-party website or resource.
C. THIRD-PARTY PROVIDERS AND PARTNERS
SKOSAY relies on third-party providers and partners for parts of the Services. You acknowledge and agree that the SKOSAY Entities are not responsible or liable for: (i) the availability, functionality or accuracy of the parts of the Services provided by third-party providers and partners; (ii) any interruption, delay, suspension or termination of the Services as a result of third-party providers and partners; and (iii) any consequence, loss or damage (direct or indirect) arising from third-party providers and partners. On written request by a User, SKOSAY will provide (within a reasonable time) a list of the non-confidential third-party providers and partners that are implemented in the Services.
D. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SKOSAY ENTITIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUE, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY USER OR THIRD PARTY ON OR THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION, PERSONAL INJURY, PROPERTY DAMAGE AND DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY SERVICES PURCHASED OR ACCEPTED ON OR THROUGH, OR CONTENT OBTAINED FROM, THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE SKOSAY ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID SKOSAY, IF ANY, FOR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SUBSECTION WILL APPLY TO ALL THEORIES OF LIABILITY, WHETHER BASED ON PERSONAL INJURY, PROPERTY DAMAGE, WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WHETHER OR NOT THE SKOSAY ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET OUT IN THIS AGREEMENT IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
By using the Services, you agree to indemnify, hold harmless and reimburse SKOSAY and its officers, directors, employees, agents, representatives, partners, and all other affiliates harmless for all claims and liabilities (actual and threatened), obligations, settlements, losses, expenses, debts and damages (including costs and attorneys’ fees) that arise from or relate to your use or access of the Services, including but not limited to any activity and content associated with your User information or your use of the Services (whether by you or a third party), unless a court of competent jurisdiction enters a final judgment that the claim, liability, obligation, settlement, loss, expense, debt or damage was the result of intentional actions or omissions by SKOSAY. SKOSAY reserves the right to assume exclusive control of and direct the defense of any matter otherwise subject to indemnification by you. You agree to assist and cooperate with SKOSAY in the defense.
12. GENERAL TERMS
A. WAIVER AND SEVERABILITY
The failure of SKOSAY to enforce any right or term of these Terms will not be a waiver of the right or term. In the event that any term is held to be invalid or unenforceable, then that term will be limited or eliminated to the minimum extent necessary, and the remaining parts of these Terms will stay in full force and effect. In such an instance, the parties agree that a court should give effect to the parties’ intentions as reflected in the term.
B. CONTROLLING LAW AND JURISDICTION
These Terms and any dispute related to the Terms will be governed by the laws of Arkansas without regard to conflicts of law principles. Subject to the dispute resolution terms set out in Section 12C below, all claims, legal proceedings or litigation arising in connection with the Services will be brought exclusively in the federal or state courts located in Fayetteville, Washington County, Arkansas, United States, and you consent to the exclusive jurisdiction and venue of those courts.
C. DISPUTE RESOLUTION
You agree that you will notify SKOSAY in writing of any dispute or problem related to the Services. SKOSAY will have thirty (30) days to address the dispute or problem before you may file any legal action. The notice should be addressed: Red J, Inc., Attn: Dispute, 306 W Adams St. Fayetteville, AR 72701.
Any dispute arising from or relating to the subject matter of these Terms that is not voluntarily resolved by the parties pursuant to the previous paragraph must be finally settled by arbitration in Fayetteville, Washington County, Arkansas, in accordance with the rules then in effect of the American Arbitration Association or its successor, and consistent with the requirements and standards of the Federal Arbitration Act or its successor. Judgment on or enforcement of the arbitration award may be entered in any court having jurisdiction. Any arbitration under this Agreement will take place on an individual basis: CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. BY USING THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO TRIAL BY JURY AND TO PARTICIPATE IN A CLASS ACTION. Notwithstanding the previous obligations, each party will have the right to start an action at any time for injunctive or equitable relief in the mandatory jurisdiction and venue established above.
D. CONSENT TO ELECTRONIC COMMUNICATION
By using the Services, you agree to receive all communications related to your use of the Services in electronic form, including, but not limited to, text messages sent to the phone number associated with your use of the Services and emails sent to the email address associated with your use of the Services, and/or posted notices on the Services. By using the Services, you agree that all agreements, notices, disclosures and other communications that are provided electronically will satisfy all legal requirements that communications be in writing. All notices from SKOSAY will be deemed effective when sent to the phone number and/or email address associated with your use of the Services, or when posted publicly on the Services.
E. ENTIRE AGREEMENT
If these Terms conflict with any other documents, these Terms will control.
We may revise these Terms from time to time without notice to you. The most current version will always be at the following link: www.skosay.comIf we believe in our sole discretion that a revision is material, we may also notify you by your text message or e-mail. By continuing to use the Services after revisions are effective, you will be bound by the revised Terms.
These Services are operated and provided by Red J, Inc., 306 W Adams St. Fayetteville, AR 72701. If you have any questions about the Terms, please contact us at firstname.lastname@example.org.
By registering for and/or using Services in any manner, including but not limited to visiting or browsing the SKOSAY mobile application or website, you agree to and will be bound by all of the terms and conditions contained in these Terms, and all additional terms, conditions, rules, policies and/or procedures that may be published by SKOSAY from time to time on the Services, each of which is incorporated by reference and may be updated by SKOSAY at any time without notice to you. These Terms apply to all users of the Services without exception.
Effective: January 3 2017