Terms
Website Terms of Use
PLEASE READ THESE TERMS OF USE (“AGREEMENT” OR “TERMS OF USE”) CAREFULLY BEFORE USING THE SERVICES OFFERED BY SKEDGEME, LLC (“SKEDGEME”). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE VARIOUS WEBSITES OWNED AND OPERATED BY SKEDGEME, INCLUDING, WITHOUT LIMITATION, THE WWW.SKEDGE.ME WEBSITE AND WWW.SKEDGEME.COM DOMAIN NAME (THE “SITE”), AND ANY OTHER FEATURES, CONTENT, OR APPLICATIONS OFFERED FROM TIME TO TIME BY SKEDGEME IN CONNECTION THEREWITH (COLLECTIVELY “SERVICE”). BY CLICKING ON THE “I ACCEPT” BUTTON BELOW, OR BY USING OR ACCESSING ANY PORTION OF THE SITE OR SERVICE, YOU OR THE ENTITY OR COMPANY THAT YOU REPRESENT ARE UNCONDITIONALLY AGREEING TO BE BOUND BY THIS AGREEMENT. If You OR THE ENTITY OR COMPANY THAT YOU REPRESENT do not unconditionally agree to BE BOUND BY THIS AGREEMENT, click the “i Decline” button OR DO NOT USE OR ACCESS ANY PORTION OF THE SITE OR SERVICE. IF YOU OR THE ENTITY OR COMPANY THAT YOU REPRESENT DO NOT UNCONDITIONALLY AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT USE THE SITE OR SERVICE. THIS AGREEMENT APPLIES TO ALL USERS OF THE SITE OR SERVICE, INCLUDING USERS WHO ARE ALSO CONTRIBUTORS OF CONTENT, INFORMATION, AND OTHER MATERIALS OR SERVICES ON THE SITE.
Acceptance of Terms.
The Service is offered subject to acceptance without modification of all of the terms and conditions contained herein (the “Terms of Use”) and all other operating rules, policies and procedures that may be published from time to time on the Site by SkedgeMe. In addition, some services offered through the Service may be subject to additional terms and conditions promulgated by SkedgeMe from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference.
We reserve the right, in our sole discretion, to revoke or suspend your membership in and/or access to the Site at any time without notification or liability to you or any other person, and for any reason or for no reason at all. While we retain the right to revoke or suspend your access to the Site, SkedgeMe shall have no responsibility to exercise it or to moderate disputes between members.
Age Requirements.
The Service is available only to individuals who are at least 13 years old. You represent and warrant that if you are an individual, you are at least 13 years old, and that all registration information you submit is accurate and truthful. SkedgeMe may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.
It is the policy of SkedgeMe that the Site is not to be used by children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.
Modification of Terms of Use.
SkedgeMe reserves the right, at its sole discretion, to modify or replace any of the Terms of Use, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you an email. SkedgeMe may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes.
Privacy and Privacy Settings.
The privacy statement of SkedgeMe is located at http://www.skedge.me/legal/privacy (the “Privacy Policy”) and is hereby incorporated into these Terms of Use. For inquiries in regard to the Privacy Policy, or to report a privacy related problem, please send an email to legal@skedge.me.
Through the Service, you can upload, submit, disclose, distribute or otherwise post content and information to the Service, including without limitation data, text, personal information, advertisements descriptions of services, graphics, logos, designs, service names, comments and other types of information (“User Submissions”). Please remember that if you choose to provide personal information, others reading it may use or disclose it to other individuals or entities without your knowledge. Therefore, we urge you to think carefully about including any personal information about yourself or your family in postings.
Rules and Conduct.
As a condition of use, you promise not to use the Service for any purpose that is prohibited by the Terms of Use, and your use of the Site must comply with all applicable laws, regulations, and ordinances, including any laws regarding the export of data or software. You understand that the Service and all Content (as defined below) contained therein (including, without limitation, any User Submissions) are provided only for your own personal use. This means you cannot take Content that you did not create from the Site and repost or redistribute that Content anywhere else. For purposes of these Terms of Use, the term “Content” includes, without limitation, any videos, audio clips, written forum comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by SkedgeMe or its partners on or through the Service, and any User Submissions posted by you or by other members.
Because we respect the privacy and well being of all our users, we cannot tolerate users who misrepresent themselves or circulate false information. We ask you to be a thoughtful member of our community and report suspected misrepresentation. Once individuals guilty of misrepresentation are brought to our attention, we reserve the right to terminate their accounts and delete their member profiles and User Submissions. However, we may retain any information they have submitted, including their member profile, for our records.
You are responsible for all of your activity in connection with the Service. In addition, you may not use the Service for any illegal or unauthorized purpose.
By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Service, that:
infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity;
is unlawful, threatening, harmful, vulgar, hateful, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, profane or racially, ethnically or otherwise objectionable;
harms minors or any member of the Site in any way;
constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
forges headers or otherwise manipulates identifiers in order to disguise the origin of any Content transmitted through the service;
involves uploading, posting, emailing, transmitting or otherwise making available any Content that you do not have a right to make available under any law or under any contractual or fiduciary relationship (such as inside information, proprietary and confidential information, or anything learned or disclosed as part of an employment relationship or under a nondisclosure agreement);
involves uploading, posting, emailing, transmitting or otherwise making available any Content that advocates the violation of any local, state, federal, or international law;
attempts to reformat, redesign, alter, or prevent the display of information or advertising, or attempts to otherwise change the appearance of the Site;
involves submitting materials owned by or concerning a third party without that party’s consent, or redirecting to those materials without consent, or infringing upon any and all rights held by such third party over any such materials;
contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of SkedgeMe or any third party; or
either (1) impersonates any person or entity, or (2) falsely states or otherwise misrepresents your affiliation with any person.
Additionally, you shall not: (i) take any action that imposes or may impose (as determined by SkedgeMe in its sole discretion) an unreasonable or disproportionately large load on the infrastructure of SkedgeMe (or its third party providers); (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any privacy settings or measures SkedgeMe may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service); (iv) run Maillist, Listserv, any form of auto-responder or “spam” on the Service; or (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site. You shall not (directly or indirectly): (x) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction, (y) modify, translate, or otherwise create derivative works of any part of the Service, or (z) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
SkedgeMe does not guarantee that any Content or User Submission will be made available on the Site or through the Service. We reserve the right in our sole discretion to refuse to post or to delete any Content, including without limitation any User Submissions, from the Site without notification or recourse, and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if SkedgeMe is concerned that you may have violated these Terms of Use), or for no reason at all. Furthermore, we retain the right to maintain back-up copies of any materials that we delete from the Site.
Registration.
As a condition to using certain aspects of the Service, you will be required to register with SkedgeMe and to select a password. To register with SkedgeMe as an individual user, you will be required to provide SkedgeMe with an accurate email address and your first or last name. To register with SkedgeMe as a business user, you will be required to provide SkedgeMe with the business name, the name of a contact person and the address, phone number and email address of the business, all of which are accurate and complete. Failure to provide accurate and complete registration information shall constitute a breach of the Terms of Use, which may result in immediate termination of your SkedgeMe account. SkedgeMe reserves the right to refuse registration of, or cancel, an account in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your SkedgeMe password. You shall never use another user’s account without such other user’s express permission. You will immediately notify SkedgeMe in writing of any unauthorized use of your account, or other account related security breach of which you are aware.
Fees and Payment.
The Service is made available to you without charge and solely in exchange for your voluntary feedback.
Third Party Sites.
The Service may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. When you access third party websites, you do so at your own risk. SkedgeMe is not responsible for and does not endorse any such third-party content or services. These other websites are not under the control of SkedgeMe, and you acknowledge that SkedgeMe is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by SkedgeMe or any association with its operators, or any third-party service providers, products, services, opinions, or web sites accessed through the Service. You further acknowledge and agree that SkedgeMe shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.
Third Party Applications.
The Service may allow you to interact, for example, manage, view and update the details of your Appointments (as defined below), with certain third-party applications, including, without limitation, Microsoft Outlook Calendar, Google Calendar, calendar services made available on Apple computers and calendar services made available through mobile devices like the Apple iPhone or a BlackBerry product and Facebook (each, a “Third Party Application”). Your use of a Third Party Application is subject to such Third Party Application’s terms of use (or similar document).
SkedgeMe Site Content.
SkedgeMe operates the Site for the purposes of (a) assisting users in researching and identifying vendors and securing appointments with vendors (each, an “Appointment”), and (b) serving as an online advertising and Appointment management service for participating vendors. SkedgeMe does not broker or otherwise directly make Appointments between users and vendors and is not a party to any transaction between users and vendors. As a result, SkedgeMe does not (i) guarantee or ensure any Appointment between a user and vendor, (b) collect or process payment or execute any documentation on behalf of users or vendors, or (c) broker or offer to broker any Appointments in connection with the Service. You are strongly encouraged to personally research any participating vendor prior to making an Appointment with or providing personal information to such vendor.
You agree that the Service contains Content specifically provided by SkedgeMe or its partners and that such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You agree that you have no license or right to use the trademarks, copyrights, patents, trade secrets, Content and other intellectual property rights of SkedgeMe or its licensors (collectively, “Intellectual Property”), except while logged in as an authorized member of the Site, and then only in connection with your use of the Site to the extent authorized by these Terms of Use. The Intellectual Property may not be used in connection with any product, service, publication or web site of yours or any third party without the express written permission of SkedgeMe, or in any manner that disparages or discredits SkedgeMe.
You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Service. You shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from, or otherwise exploit any Content or third party submissions or other proprietary rights not owned by you (a) without the consent of the respective owners or other valid right, and (b) in any way that violates any third party right.
You may, to the extent the Site expressly authorized you to do so, download or copy the Content, and other items displayed on the Site for download, for personal use only, provided that you maintain all copyright and other notices contained in such Content and comply with any additional terms of use provided with such Content. You shall not store any significant portion of any Content in any form. Subject to the terms and conditions of these Terms of Use, SkedgeMe grants you a limited, non-exclusive, non-sublicensable and non-transferable license to access and use the Site, Service and the Content, and to download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal use, provided that you keep all copyright or other proprietary notices intact. Use, reproduction, modification, distribution, copying or storing of any Content for other than personal use is expressly prohibited without prior written permission from SkedgeMe, or from the copyright holder identified in such Content’s copyright notice.
If you violate any of these provisions regarding the Intellectual Property, your permission to use the Intellectual Property automatically terminates and you must immediately destroy any copies you have made of any portion of the Intellectual Property. You agree that because of the unique nature of the Site and its Content and the Service, and the proprietary rights of SkedgeMe, your breach of these provisions would irreparably harm SkedgeMe and/or its licensors and monetary damages would be inadequate compensation. You further agree that in the event of any actual or threatened breach of this Section, SkedgeMe shall be entitled to preliminary and permanent injunctive relief, in addition to damages, and you hereby waive any objection in such case to an adequate remedy at law.
User Submissions.
By posting, submitting, displaying, publishing or otherwise making available any User Submissions on the Site or otherwise through the Service, you:
hereby do and agree to grant SkedgeMe a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit (“Use”) the User Submissions in connection with the Site, the Service and SkedgeMe’s (and its successors’ and assigns’) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third party websites). You also hereby do and agree to grant each user of the Site and/or the Service a non-exclusive license to access your User Submissions through the Site and the Service, and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Site and the Service and under these Terms of Use. For clarity, the foregoing license grant to SkedgeMe does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing;
represent and warrant (a) that you own or otherwise control all rights to Use such User Submissions and that disclosure and Use of such User Submissions by SkedgeMe (including without limitation, publishing any Content on the Site) will not infringe or violate the rights of any third party, including without limitation any privacy, publicity, contract or other rights of any person or entity and (b) that you are authorized to grant all of the aforementioned rights to the User Submissions to SkedgeMe and all users of the Service;
agree to pay all royalties and other amounts owed to any person or entity due to your Use of any User Submissions on the Service; and
understand that SkedgeMe shall have the right to reformat, excerpt, or translate any materials, content or information submitted by you; and that all information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which such content originated and that SkedgeMe will not be liable for any errors or omissions in any content; and that SkedgeMe cannot guarantee the identity of any other users with whom you may interact in the course of using the Service.
For clarity, User Submissions include all (i) submissions by you on bulletin boards, review services or other forums on the Site on or in which users may post reviews, information, Content, messages, materials or other items and (ii) questions, comments, suggestions, ideas, feedback or other information about the Site or Service provided by you to SkedgeMe (collectively, “Feedback”).
SkedgeMe does not endorse and has no control over any User Submission. SkedgeMe cannot guarantee the authenticity of any data which users may provide. You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
SkedgeMe has no obligation to monitor the Site, Service, Content, or User Submissions. SkedgeMe may remove any User Submission at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Submission), or for no reason at all.
Under no circumstances will SkedgeMe be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted or otherwise made available via the Service.
Termination.
SkedgeMe may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership and/or access. If you wish to terminate your account, you may do so by following the instructions on the Site. Any fees paid hereunder (if any) are non-refundable. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
General Disclaimer.
SkedgeMe makes no representations or warranties concerning the appropriateness, accuracy, reliability, usefulness, completeness, or timeliness of any Content accessed through the Site. By using the Service, you agree that SkedgeMe does not endorse and shall not be liable for (a) any Content, (b) any person’s reliance on any such Content, whether or not correct, current and complete, or (c) the consequences of any action that you or any other person takes or fails to take based on any Content or otherwise as a result of your use of the Service.
Warranty Disclaimer.
SkedgeMe has no special relationship with or fiduciary duty to you. You acknowledge that SkedgeMe has no control over, and no duty to take any action regarding: which users gains access to the Site; what Content you access via the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release SkedgeMe from all liability for you having acquired or not acquired Content through the Site. The Site may contain, or direct you to websites containing, information that some people may find harmful, inaccurate, deceptive, offensive or inappropriate. SkedgeMe makes no representations concerning any content contained in or accessed through the Site, and SkedgeMe will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site.
THE INFORMATION, PROGRAMS, PRODUCTS, SERVICES AND MATERIALS CONTAINED IN OR ACCESSED ON THE SITE, INCLUDING, WITHOUT LIMITATION THE SERVICE AND THE CONTENT, ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND ALL WARRANTIES ARE EXPRESSLY DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, SKEDGEME AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION OR AVAILABLE CONTINUOUSLY; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) THE CONTENT AND MATERIALS ON THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR FREE, AND SKEDGEME EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION AS TO THE ACCURACY OR PROPRIETARY CHARACTER OF THE SITE, THE SITE CONTENT OR ANY PORTION THEREOF; (E) ANY VENDOR WILL PERFORM AS A RESULT OF THE SERVICE OR (F) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 USC 2701-2711): SKEDGEME MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEBSITE LINKED TO THE SITE. SkedgeMe will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade secret information, or any other Content or User Submissions stored on SkedgeMe’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.
Confidentiality.
You acknowledge that, in the course of using and accessing the Site or Service, you may obtain, learn or develop information relating to the Site, Service and/or to SkedgeMe that is marked, or otherwise identified as, “confidential” at the time of disclosure, or is of such a nature that a reasonable person would understand such information to be confidential (“Confidential Information”), including, but not limited to the Service, code, technology, algorithms, schematics, testing procedures, user interface, documentation, problem reports, analysis and performance information, inventions (whether patentable or not), Feedback, and other technical, business, product, marketing, financial and customer information, plans and data and all copies, extracts and derivatives of the foregoing. During and after the term of this Agreement, you shall hold in confidence and protect, and shall not use (except as expressly authorized by this Agreement) or disclose, Confidential Information, unless such Confidential Information becomes part of the public domain without breach of this Agreement by you. You shall not, without the prior written consent of SkedgeMe, disclose or otherwise make available the Site, Service, documentation or other supporting materials, including any information relating to the performance or operation of the Site or Service (including any testing results, opinions, benchmarking, evaluation conclusions or other Feedback), or copies, extracts or derivatives thereof to any third party. You acknowledge and agree that due to the unique nature of SkedgeMe’s Confidential Information, there can be no adequate remedy at law for any breach of your obligations hereunder, that any such breach may allow you or third parties to unfairly compete with SkedgeMe resulting in irreparable harm to SkedgeMe, and therefore, that upon any such breach or threat thereof, SkedgeMe shall be entitled to injunctions and other appropriate equitable relief in addition to whatever remedies it may have at law without the necessity of posting any bond.
Indemnification.
You shall defend, indemnify, and hold harmless SkedgeMe, its affiliates and each of its, and its affiliates’ employees, contractors, directors, suppliers, licensors and representatives from and against all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to (a) your use or misuse of, or access to, the Site, Service, or Content or (b) your User Submissions, or (c) your violation of these Terms of Use, or (d) infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. SkedgeMe reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with SkedgeMe in asserting any available defenses.
Limitation of Liability.
IN NO EVENT SHALL SKEDGEME, OR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, LICENSORS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (A) FOR ANY LOST PROFITS, LOSS OF GOODWILL OR BUSINESS REPUTATION, DATA LOSS, LOSS OF USE, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, (B) FOR ANY DAMAGES CAUSED BY OR RESULTING FROM (I) YOUR RELIANCE ON ANY SITE CONTENT (INCLUDING ADVERTISEMENTS) OR OTHER INFORMATION OBTAINED FROM SKEDGEME OR ACCESSIBLE VIA THE SITE OR SERVICE, OR (II) MISTAKES, ERRORS, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO SKEDGEME’S RECORDS, PROGRAMS OR SERVICES, (C) FOR YOUR FAILURE TO PROVIDE SKEDGEME WITH ACCURATE ACCOUNT INFORMATION, (D) FOR YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL OR (E) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) TWENTY_U.S. DOLLARS ($20). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
International/Non-New York Use.
SkedgeMe makes no representation that the Content is appropriate or available for use in locations outside the State of New York, USA and accessing the Service is prohibited from territories where such Content is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws. Members from outside the United States agree to comply with local rules and regulations regarding online conduct and acceptable content, including laws regulating the export of data from the United States to your country of residence.
Dispute Resolution.
A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
The Terms of Use shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflicts of law rules, and the United States of America. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in New York, New York, using the English language, in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in New York County, New York. Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of the Terms of Use, including without limitation, this Section.
Force Majeure.
While we will make every effort to keep the site accessible, you agree not to hold us liable for any downtime or inaccuracy that may occur. We have many systems in place to ensure that the Site is operational, but we cannot guarantee that it will always be accessible, timely or accurate. You agree that under no circumstances will SkedgeMe be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control, including, but not limited to: Internet failures, computer equipment failures, telecommunications equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, terrorism, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties or failures of third party applications, hacks or denial of service attacks, or loss of or fluctuations in heat, light or air conditioning.
Integration and Severability.
The Terms of Use are the entire agreement between you and SkedgeMe with respect to the Service and use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and SkedgeMe with respect to the Service and use of the Site. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
Miscellaneous.
The Terms of Use are personal to you, and are not assignable, transferable or sublicensable by you except with the prior written consent of SkedgeMe. Any attempted transfer in violation hereof will be void and of no effect. SkedgeMe may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use and neither party has any authority of any kind to bind the other in any respect. All notices under the Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, postage pre-paid, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
Copyright and Trademark Notices.
Unless otherwise indicated, the Terms of Use and all Content provided by SkedgeMe are copyright � 2009 SkedgeMe, LLC. All rights reserved.
skedgeme and skedge me and all other graphics, designs, page headers, button icons, scripts and service names or slogans displayed on the Site are registered and/or common law trademarks or trade dress of SkedgeMe and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of SkedgeMe or the applicable trademark holder. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of SkedgeMe and may not be copied, imitated or used, in whole or in part, without the prior written permission of SkedgeMe. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by SkedgeMe.
Digital Millennium Copyright Act Notice.
SkedgeMe has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (http://lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of SkedgeMe’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this policy.
It is the policy of SkedgeMe to(a) block access to or remove content that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (b) remove and discontinue service to repeat offenders.
A. Procedure for Reporting Copyright Infringements:
If you believe that content residing on or accessible through the Site or Service infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
Identification of works or materials being infringed;
Identification of the content that is claimed to be infringing including information regarding the location of the content that the copyright owner seeks to have removed, with sufficient detail so that SkedgeMe is capable of finding and verifying its existence;
Contact information about the notifier including address, telephone number and, if available, e-mail address;
A statement that the notifier has a good faith belief that the content is not authorized by the copyright owner, its agent, or the law; and
A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
B. Once Proper Bona Fide Infringement Notification is Received by the Designated Agent:
It is the policy of SkedgeMe:
to remove or disable access to the infringing content;
to notify the content provider, member or user that it has removed or disabled access to the content; and
that repeat offenders will have the infringing content removed from the system and that SkedgeMe will terminate such content provider’s, member’s or user’s access to the Site and Service.
C. Procedure to Supply a Counter-Notice to the Designated Agent:
If the content provider, member or user believes that the content that was removed or to which access was disabled is not infringing, or the Content provider, member or user believes that it has the right to post and use such content from the copyright owner, the copyright owner’s agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:
A physical or electronic signature of the content provider, member or user;
Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
A statement that the content provider, member or user has a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
Content provider’s, member’s or user’s name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s, member’s or user’s address is located, or if the content provider’s, member’s or user’s address is located outside the United States, for any judicial district in which SkedgeMe is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, SkedgeMe may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at the discretion of SkedgeMe.
Please contact SkedgeMe’s Designated Agent to Receive Notification of Claimed Infringement at the following address:
Designated Agent to Receive Notification of Claimed Infringement:
SkedgeMe, LLC
c/o Ruben Companies
Attention: Chief Legal Officer
600 Madison Avenue
New York, NY 10022
Telephone Number: (212) 293-9416
Fax Number: (212) 293-9401
Email Address: legal@skedge.me
Contact.
Thank you for your cooperation. We hope you find the Site informative, useful and easy to use. If you have any comments or questions regarding the Site, or you want to report a malfunction or problem, please use our Contact Us Form or send us snail mail to our postal address of SkedgeMe, LLC, c/o Ruben Companies, Attn: Member Care, 600 Madison Avenue, New York, NY 10022. We will try our best to respond to you quickly, but cannot always do so due to the volume of requests.
SkedgeMe 