Effective: February 01, 2019
Welcome to SKLIP, the application based service that permits Customers to upload images of skin conditions privately and permits Third Party Professionals to post information about skin conditions privately in response to Customers’ uploads.
IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH SKLIP ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
Supplemental terms may apply to certain Services, such as policies for a particular event, program, activity or promotion, and such supplemental terms will be disclosed to you in separate region-specific disclosures or in connection with the applicable Service(s). Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services. SKLIP may amend the Terms from time to time. Amendments will be effective upon SKLIP’s posting of such updated Terms at this location or in the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting confirms your consent to be bound by the Terms, as amended. If SKLIP changes these Terms after the date you first agreed to the Terms (or to any subsequent changes to these Terms), you may reject any such change by providing SKLIP written notice of such rejection within 30 days of the date such change became effective, as indicated in the “Effective” date above. This written notice must be provided by email from the email address associated with your Account to: firstname.lastname@example.org. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to these Terms. By rejecting changes, you are agreeing that you will continue to be bound by the provisions of these Terms as of the date you first agreed to the Terms (or to any subsequent changes to these Terms). SKLIP’s collection and use of personal information in connection with the Services is described in SKLIP’s Privacy Statements located in the privacy statement.
THE SERVICE DOES NOT PROVIDE HEALTH CARE SERVICES OR SERVE AS A COMMUNICATIONS CONDUIT FOR HEALTH CARE SERVICES. IF YOU HAVE A MEDICAL EMERGENCY, DIAL 911 OR YOUR LOCAL EMERGENCY NUMBER. IF YOU REQUIRE NON-EMERGENCY MEDICAL SERVICES, CONTACT YOUR REGULAR HEALTH CARE PROVIDER.
By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against SKLIP on an individual basis in arbitration, as set forth in this Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against SKLIP, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against SKLIP by someone else. Agreement to Binding Arbitration Between You and SKLIP: You and SKLIP agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Services at any time, whether before or after the date you agreed to the Terms, will be settled by binding arbitration between you and SKLIP, and not in a court of law. You acknowledge and agree that you and SKLIP are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and SKLIP otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and SKLIP each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.
Rules and Governing Law: The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel. Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of Nevada. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration – Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778-7879). The Arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the state of Nevada and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the Arbitrator in accordance with the AAA Rules. Unless you and SKLIP otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $100, then the arbitration will be conducted solely on the basis of documents you and SKLIP submit to the Arbitrator, unless you request a hearing or the Arbitrator determines that a hearing is necessary. If your claim exceeds $100 your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator’s Decision: The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. SKLIP will not seek, and hereby waives all rights SKLIP may have under applicable law to recover, attorneys’ fees and expenses if SKLIP prevails in arbitration.
Fees: Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. Changes: Notwithstanding the provisions in Sections above, regarding consent to be bound by amendments to these Terms, if SKLIP changes this Arbitration Agreement after the date you first agreed to the Terms (or to any subsequent changes to the Terms), you may reject any such change by providing SKLIP written notice of such rejection within 30 days of the date such change became effective, as indicated in the “Effective” date above. This written notice must be provided either (a) by mail or hand delivery to our registered agent for service of process, c/o SKLIP, LLC, or (b) by email from the email address associated with your Account to: email@example.com. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this Arbitration Agreement. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and SKLIP in accordance with the provisions of this Arbitration Agreement as of the date you first agreed to the Terms (or to any subsequent changes to the Terms). Severability and Survival: If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
In the Terms, “Customer,” “you” and “your” refer to the individual or entity that uses the Service (Customer of Third Party Professional). “SKLIP,” “we,” “us” and “our” refer to SKLIP. “Customer” refers to the person, or user, who uploads an image on the Service. “Third Party Professional” refers to the person who provides information regarding the skin condition shown in an image posted on the Service (i.e. a medical doctor).
Electronic Communications and Right to Modify Terms
When you use the Service, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by posting notices on this Service or by other electronic means. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
The Service: SKLIP is a Venue, Third-Party Content, for informational and educational purposes to allow Customers to upload images of skin conditions, seeking information, and Third Party Professionals to answer them privately with posts containing information. Customers of the Service, not SKLIP, provide the content in Posts (defined below). The Third Party Professionals determine which questions to answer; Third Party Professionals are not employees or agents of SKLIP but are independent service providers using the Service to sell information to Customers and are, as such, along with Customers, simply Customers of the Service.
SKLIP is not involved in the conversations between Customers and Third Party Professionals and does not refer Customers to or endorse or recommend particular Third Party Professionals. You understand and acknowledge that SKLIP cannot and does not edit, modify, filter, screen, monitor, endorse or guarantee the content of Posts. SKLIP shall not be liable for any acts or omissions of Third Party Professionals, content in Posts, the ability of Third Party Professionals to answer questions or the ability of Customers to pay for answers. We cannot ensure that a Customer or Third Party Professional will complete a transaction. Notwithstanding the foregoing, SKLIP reserves the right, but is not obligated, to refuse to post or to remove any content and/or remove any Customer’s access to the Service.
EMERGENCY QUESTIONS AND CRISIS SITUATIONS should be directed immediately by telephone or in person to qualified Third Party Professionals (e.g. in the U.S., call 911). The Service is not the appropriate venue to deal with such situations.
Confidentiality: Posts Are Not Private or Confidential; Anonymity. THE SERVICE IS AN INTERNET-BASED INFORMATION SERVICE AND IS NOT USED FOR THE PROVISION OF THIRD PARTY PROFESSIONAL MEDICAL ADVICE. Customer communications are only as private or confidential as unencrypted communications on the internet or phone/tablet application can be, which means that they may be intercepted and read by third parties, and are not protected by any physician-patient or other privilege. SKLIP maintains records of Customer payments separate from anonymous Customer Posts regarding skin conditions, and only so long as necessary to generate a Customer code that will permit a Customer to unlock a Third Party Professional’s Post. Payments are processed by third party payment processors that commit to being PCI compliant (i.e., compliant with data privacy and security standards for their industry). SKLIP follows reasonable data storage practices, but makes no warranty or representation regarding the privacy or security of any information that it collects or maintains.
Verification of Third Party Professionals (No Reliance on the Term “Third Party Professional”): Every Third Party Professional on the Service has been verified by SKLIP or its contractors as qualified to respond to inquiries posted on the Service. SKLIP conducts reviews of each Third Party Professional’s responses to inquiries posted by Customers on a random basis, but does not commit to do so on an ongoing basis, and assumes no liability for the content of such responses. While SKLIP strives to admit only high-quality Third Party Professionals onto the Service, use of the term “Third Party Professional” by SKLIP and on the Service is only meant to describe Customers who answer questions on the Service, and not to guarantee any particular level of expertise of the Third Party Professional. SKLIP cannot and does not make any guarantee, warranty or representation with respect to the qualifications of individual Third Party Professionals or any information they may provide via the Service. All Customers acknowledge that SKLIP will not be liable for any loss or damage caused by reliance on any information or content contained in Posts. INFORMATION PROVIDED BY THIRD PARTY PROFESSIONALS VIA THE SERVICE IS NOT MEDICAL ADVICE. NO PHYSICIAN-PATIENT RELATIONSHIP IS CREATED BY USE OF THE SERVICE.
Information provided via the service is not advice; No Client-Third Party Professional Relationship is established via the Service. Answers of Third Party Professionals on the Service are provided by Third Party Professionals and are to be used by Customers for general information purposes only, not as a substitute for in- person evaluation or specific Third Party Professional medical advice. Third Party Professionals will provide only general information about skin conditions, and will not provide medical advice nor propose a specific course of action for a Customer; by answering questions, Third Party Professionals do not form physician-patient relationships with Customers on the Service. The laws, regulations, other governing authorities, standards, practices and procedures that apply to your particular question may differ depending on your location. Third Party Professionals in some categories may be licensed, certified, educated, employed by or have experience in only particular jurisdictions. Third Party Professional medical advice may require information typically discovered through in-person evaluations or visits. Communications on this Service are not confidential and shall not be the subject of any privilege. Communications on this Service are limited, as described above, do not involve in-person evaluations or visits, and do not include safeguards and procedures typical of in-person evaluations and visits.
Use of the Service
In order to use most aspects of the Services, you must register for and maintain an active personal Customer Services account (“Account”). You must be at least eighteen (18) years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account, unless a specific Service permits otherwise. Account registration does not require you to submit to SKLIP personal information, such as age, city and country of residence. YOU ARE NOT REQUIRED to provide any information that would identify you personally, such as your first or last name, living address, or alphanumerical government identification numbers.. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access or use the Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account Customer name and password at all times. Unless otherwise permitted by SKLIP in writing, you may only possess one Account. Subject to your compliance with these Terms, SKLIP grants you a limited, non-exclusive, non-sub licensable, revocable, non-transferable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by SKLIP and SKLIP’s licensors. You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by SKLIP; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
Restricted Activities: You agree that any content you provide on the Service and your use of our Service shall not: (a) be fraudulent, inaccurate or misleading; (b) infringe any third party’s proprietary rights or rights of publicity or privacy (SKLIP has take down procedures for unauthorized use of copyrighted material); be illegal or violate any federal, state or local law, statute, ordinance, regulation or ethical code; (d) be competitive with SKLIP or the Service; (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) contain any viruses, Trojan horses, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (g) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; or (h) link directly or indirectly to or include descriptions of goods or services that (I) are prohibited under the Terms; or (II) you do not have a right to link to or include. You may not consummate any transaction that was initiated using our Service that, by paying to us a fee, could cause us to violate any applicable law, statute, ordinance or regulation. Furthermore, you may not resell or make any commercial use of our system or the content on the Service without SKLIP’s prior written consent. We do not knowingly collect personal information from children under eighteen (18) years of age, and if we become aware that a child under the age of eighteen (18) has submitted personal information to us, we will promptly remove it from our systems.
You are prohibited from soliciting Customers of this Service, including Third Party Professionals, for any purpose (including inviting other Customers to contact you off of the Service or inviting Customers to participate in a web service that competes with SKLIP or the Service or charges money to receive answers or to communicate with purported experts or Third Party Professionals). Suspension or Termination of Service. At any time, without notice, for any or no reason, SKLIP reserves the right to refuse service to anyone, to modify and discontinue any portion or all of the Service, and to restrict, suspend and terminate Customers’ accounts.
After you upload your images of a skin condition to the Service, the image is viewed by a Third Party Professional, and the Third Party Professional uploads information about the image, SKLIP will notify Customer. If Customer then pays the then-current fee in accordance with SKLIP instructions, SKLIP will provide to Customer an alphanumerical key which may be used to unlock the Third Party Professional’s informational report. SKLIP does not guarantee that you will receive a response from a Third Party Professional, or that you will be satisfied with your communication with a Third Party Professional. You understand that use of the Services may result in charges to you for the services or goods you receive (“Charges”). SKLIP will receive and/or enable your payment of the applicable Charges for services or goods obtained through your use of the Services. Charges will be inclusive of applicable taxes where required by law. Charges may include other applicable fees. All Charges and payments will be enabled by SKLIP using the preferred payment method designated in your Account. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that SKLIP may use a secondary payment method in your Account, if available. Charges paid by you are final and non-refundable, unless otherwise determined by SKLIP.
As between you and SKLIP, SKLIP reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in SKLIP’s sole discretion. SKLIP will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. SKLIP may from time to time provide certain Customers with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. In certain cases, with respect to Third Party Providers, Charges you incur will be owed directly to Third Party Providers, and SKLIP will collect payment of those charges from you, on the Third Party Provider’s behalf as their limited payment collection agent, and payment of the Charges shall be considered the same as payment made directly by you to the Third Party Provider. In all cases, Charges you incur will be owed and paid directly to SKLIP or its affiliates, where SKLIP is solely liable for any obligations to Third Party Providers. Receipt of Special Offers and Other Communications: SKLIP maintains the right to initiate special incentive pricing, membership, and other programs.
Proprietary Rights to Customer Provided Content.
SKLIP may, in SKLIP’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to SKLIP through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“Customer Content”). Any Customer Content provided by you remains your property. However, by providing Customer Content to SKLIP, you grant SKLIP a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such Customer Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and SKLIP’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
The Services and all rights therein are and shall remain SKLIP’s property or the property of SKLIP’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner SKLIP’s company names, logos, product and service names, trademarks or services marks or those of SKLIP’s licensors. You represent and warrant that: (i) you either are the sole and exclusive owner of all Customer Content or you have all rights, licenses, consents and releases necessary to grant SKLIP the license to the Customer Content as set forth above; and (ii) neither the Customer Content, nor your submission, uploading, publishing or otherwise making available of such Customer Content, nor SKLIP’s use of the Customer Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree to not provide Customer Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by SKLIP in its sole discretion, whether or not such material may be protected by law. SKLIP may, but shall not be obligated to, review, monitor, or remove Customer Content, at SKLIP’s sole discretion and at any time and for any reason, without notice to you.
You acknowledge that SKLIP and its licensors and suppliers own the rights to the SKLIP Service and the content displayed on the Service other than Posts. You shall not modify, reverse engineer, decompile, disassemble, or attempt to derive the source code of the SKLIP application Service, or assist any other person or entity in doing so. You acknowledge that all content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in listings, sponsor advertisements or email-distributed, commercially produced information presented to you by the Service, by SKLIP, Customers, or other content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content available through the Service, including code and software for commercial purposes. For permission to use third-party materials appearing on the Service, please contact the copyright owner. You do not acquire ownership rights to any content, document or other materials viewed through the Service. The posting of information or materials on the Service does not constitute a waiver of any right in such information and materials.
You grant to SKLIP a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, sublicensable (through multiple tiers) license to use, reproduce, display, edit, copy, modify, transmit, publicly perform, extract and create derivative works from, content that you have in your Posts, in any media now known or not currently known. This licensed right may be exercised in order to provide the Service and for other purposes. 3. No Endorsement of Non-SKLIP Entity; No Relationship with Customers SKLIP may endeavor to offer to its Customers products and services offered by non-SKLIP entities. Placement of information, logos, links or names of such non-SKLIP entities on the Service does not constitute an endorsement or warranty of these entities, their products or services. You take full responsibility for a decision to visit or patronize any such entity and hold SKLIP harmless from any liability arising from such actions. You further acknowledge that no relationship (such as partnership, agent, joint venturer, or employee) is created between you and SKLIP or between any Customer (including Customers and Third Party Professionals) and SKLIP by formation of this Agreement (or any of the Related Agreements) or by your participation on the Service. IT IS THE RESPONSIBILITY OF THE CUSTOMER TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ANY OPINION, ANSWER OR OTHER CONTENT AVAILABLE THROUGH THE SERVICE, FROM THIRD PARTIES OR OBTAINED FROM A LINKED SERVICE. PLEASE SEEK THE ADVICE OF THIRD PARTY PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ANSWER, PRODUCT, SERVICE, OR OTHER CONTENT.
Network Access and Devices.
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. SKLIP does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
Release: Customers are responsible for their acts and omissions and content placed on the Service. Because the SKLIP Service is a venue, in the event that you have a dispute with one or more Customers, you release SKLIP (and our parents, subsidiaries, officers, directors, shareholders, employees, agents, joint ventures, consultants, successors and assignees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
Disclaimers; Limitation of Liability; Indemnity.
THE SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS” AND “AS AVAILABLE.” SKLIP DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, SKLIP MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SERVICE OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SKLIP DOES NOT WARRANT OR REPRESENT THAT THE USE OR THE RESULTS OF THE USE OF THE MATERIALS AVAILABLE THROUGH THE SERVICE, FROM THIRD PARTIES OR A LINKED SERVICE WILL BE CORRECT, ACCURATE, TIMELY, RELIABLE OR OTHERWISE. SKLIP DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. UNDER NO CIRCUMSTANCES WILL SKLIP BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A CUSTOMER’S RELIANCE ON INFORMATION OBTAINED THROUGH THE SERVICE, FROM THIRD PARTIES (SUCH AS THIRD PARTY PROFESSIONALS OR OTHERS) OR A LINKED SERVICE, OR CUSTOMER’S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A THIRD PARTY OR A LINKED SERVICE. USE OF THIS SERVICE IS AT CUSTOMERS’ SOLE RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SKLIP OR THROUGH OR FROM THE SKLIP SERVICES SHALL CREATE ANY WARRANTY.
Limitation of Liability
SKLIP SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF SKLIP, EVEN IF SKLIP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SKLIP SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF SKLIP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SKLIP SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND SKLIP’S REASONABLE CONTROL. IN NO EVENT WILL OUR LIABILITY, AND THE LIABILITY OF OUR PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE EXCEED THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO SKLIP IN THE 6 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) US$100. THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, SKLIP’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON SKLIP’S CHOICE OF LAW PROVISION SET FORTH BELOW.
You and SKLIP agree that any action arising out of or related to this Service must commence within six (6) months after the cause of action arose (except for causes of action arising out of Customers’ responsibilities in the Indemnification section below); otherwise, such cause of action is permanently barred.
You agree to indemnify and hold SKLIP and its affiliates and their officers, directors, employees, shareholders, agents, joint venturers, consultants, successors and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) SKLIP’s use of your Customer Content; or (iv) your violation of the rights of any third party, including Third Party Providers.
Agreement; Assignment; Miscellaneous
You may not assign these Terms without SKLIP’s prior written approval. SKLIP may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of SKLIP’s equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, SKLIP or any Third Party Provider as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. SKLIP’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by SKLIP in writing. This provision shall not affect the Severability and Survivability section of the Arbitration Agreement of these Terms. SKLIP may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, telephone or text message to any phone number provided in connection with your account, or by written communication sent by first class mail or pre-paid post to any address connected with your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email or telephone). You may give notice to SKLIP, with such notice deemed given when received by SKLIP, at any time by first class mail or pre-paid post to our registered agent for service of process, c/o SKLIP, LLC.
The Terms constitute the complete and exclusive statement of the Agreement between you and us. It supersedes any and all prior or contemporaneous agreement, oral or written, and any other communications, representations, warranties and understanding relating to the subject matter of the Terms. If there is a conflict between an oral or written representation of any SKLIP employee or agent and the Terms (other than modifications to the Terms executed in writing by the CEO or authorized-in- fact representative of SKLIP), the Terms will prevail. If any provision(s) of the Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties and the other provisions shall remain in full force and effect. SKLIP’s failure to exercise or enforce any of the Terms shall not constitute a waiver of SKLIP’s right to exercise or enforce the Terms as to the same or another instance. Headings in this and Related Agreements are for purposes of reference only and shall not limit or otherwise affect the meaning of the Terms. You agree that SKLIP may assign the Terms to any other entity of its choosing, with or without notice to you. You may not assign the Terms to any other party for any reason. SKLIP shall not be deemed to have waived any of its rights or remedies unless such waiver is in writing and signed by an officer of SKLIP. No delay or omission on the part of SKLIP in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies on future occasions. The section titles in the Terms are solely used for the convenience of the parties and have no legal or contractual significance.
These Terms are governed by and construed in accordance with the laws of the State of Nevada, U.S.A., without giving effect to any conflict of law principles, except as may be otherwise provided in the Arbitration Agreement above or in supplemental terms applicable to your region. However, the choice of law provision regarding the interpretation of these Terms is not intended to create any other substantive right to non-Nevadans to assert claims under Nevada law whether that be by statute, common law, or otherwise. These provisions, and except as otherwise provided in Section 2 of these Terms, are only intended to specify the use of California law to interpret these Terms and the forum for disputes asserting a breach of these Terms, and these provisions shall not be interpreted as generally extending Nevada law to you if you do not otherwise reside in Nevada. The foregoing choice of law and forum selection provisions do not apply to the arbitration clause in Section 2 or to any arbitrable disputes as defined therein. Instead, as described in Section 2, the Federal Arbitration Act shall apply to any such disputes.