LEGAL

Terms of Use

Terms of Use

Please review the following terms and conditions (the “Terms of Use”) concerning your use of this website Skykit.com (the “Site”). By accessing, using or downloading materials from this Site you agree to follow and be bound by these Terms of Use and by our Privacy Policy (https://www.skykit.com/privacy-policy/). If you do not agree, do not use this Site.

Copyright

The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Skykit, its licensors, or other providers of such material and are protected by the United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You may use copies of documents and graphics on this Site purposely made available for downloading by Skykit (such as white papers, knowledge base documents and similar materials) provided that: (i) all of the copyright notices appearing on such documents are included on all your copies and (ii) your use of such information is limited to personal, non-commercial informational purposes. Documents may not be modified or altered in any way. Except as expressly provided in these Terms of Use, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, broadcast on any network or media, transmit or distribute any information from this Site in whole or in part without the prior written permission of Skykit. The information provided on this site is free of charge and for informational purposes only and does not create a business or professional services relationship between you and Skykit. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by Skykit. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws

Trademarks

The trade names, trademarks, service marks, logos, and slogans (each a “Mark” and collectively the “Marks”) contained in this Site are the Marks of either Skykit or third parties. You are not authorized to use any Mark in any advertisement, publicity or in any other commercial manner without our prior written consent of Skykit or the consent of such third party owner.

Prohibited Uses

You may use the Site only for lawful purposes and in accordance with these Terms of Use and in accordance with Skykit’s Acceptable Use Policy (https://www.skykit.com/aup/)

Information About You and Your Visits to the Website

All information that Skykit collects on this Site is subject to our Privacy Policy (https://www.skykit.com/privacy-policy/). By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Disclaimer

Skykit does not warrant the accuracy, completeness or timeliness, merchantability, non-infringement or fitness for a particular purpose of the information on this Site, or that this Site is free from viruses, worms, Trojan horses and the like. All information contained on this Site, including information relating to technical services and or solutions, is for informational purposes only. It is often presented in summary or aggregate form. It is not meant to be a substitute for the advice or services provided by certified technical staff. Your use of this information is at your own risk. You assume full responsibility and risk of loss resulting from the use of this information. THIS SITE AND THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS CONTAINED ON THIS SITE ARE PROVIDED ON AN “AS IS” BASIS WITH NO WARRANTY. SKYKIT DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE AND THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS ON THIS SITE, TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT WILL SKYKIT OR ITS SUPPLIERS BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR ANY GOODS OR SERVICES OBTAINED ON THIS SITE UNDER ANY LEGAL THEORY INCLUDING DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES (EVEN IF SKYKIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMITTED BY LAW

Any links on this Site to websites operated by third parties are provided for your convenience only. We are not responsible for the content and performance of these web sites or for your transactions with them. Our inclusion of links to such web sites does not imply any endorsement of the material on such web sites. If you decide to access and/or use any website operated by a third party that is linked to or from this Site, you do so at your own risk.

Changes can be made at any time.

Skykit reserves the right to make changes or updates to this Site, these Terms of Use, or the products or programs described in this Site at any time without notice. We encourage you to review the Site and these Terms of Use regularly for any updates or changes. Your continued access or use of this Site shall be deemed your acceptance of such changes.

Indemnification

You agree to defend, indemnify, and hold harmless Skykit, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including, but not limited to, any use of the Site’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Site.

Governing laws and jurisdiction

This site is created and controlled by Skykit in the state of Minnesota. All matters relating to your access to, or use of, this Site shall be governed by the laws of the State of Minnesota, without reference to its conflicts of laws provisions. You agree that any legal action or proceeding between you and Skykit shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Hennepin County, Minnesota.

Customer Content and Submitted Information

Any content, information or materials submitted, posted, inputted or stored by a customer for the purpose of using a Skykit product in connection with a Customer’s subscription to that product (“Customer Content”) is owned by Customer. Ownership and usage of such Customer Content is governed by the terms and conditions of the Skykit Master Cloud Services Agreement.

All comments, feedback, information or materials submitted to Skykit through or in association with this Site (“Submitted Information”) shall be considered non-confidential and Skykit’s property. By providing Submitted Information, you give Skykit an unlimited, irrevocable, worldwide, transferable, royalty-free license to use, execute, show, modify and transmit such Submitted Information, including any underlying idea, concept or know-how. Skykit reserves the right to use such Submitted Information in any way it chooses. You represent that you have the lawful right to provide Submitted Information under these conditions and agree that you will not submit any information unless you are legally entitled to do so.

Entire Agreement

These Terms of Use, together with the Acceptable Use Policy and Privacy Policy, constitute the sole and entire agreement between you and Skykit regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.

Questions or Comments

If you have any questions about these Terms of Use, please submit your questions by e-mail to info@skykit.com

Last Modified: October 1, 2020