Last Updated: April 29, 2022
PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR WEBSITE. USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS AND UNDERSTAND THIS INFORMATION. THESE TERMS ARE IMPORTANT AND AFFECT YOUR LEGAL RIGHTS.
Skayl LLC ("Skayl," "we" or "us") maintains the website http(s)://*.skayl.com, http(s)://*.phenomportal.com (the "Site"). By accessing or using the Site and various related websites and services (collectively, the "Site"), you agree to be bound by these Terms of Use ("Terms") and all of the terms incorporated herein by reference.
Note that Section 13 of these Terms contains a mandatory arbitration provision that requires the use of arbitration on an individual basis and limits the remedies available to you in the event of certain disputes.
By accepting these Terms, you represent that you are 18 years of age or older and that, if you have accepted these Terms on behalf of any person or entity, you represent that you have legal authority to do so. If you do not agree to every provision of these Terms, you may not, and we do not authorize you to, access or use the Site.
These Terms may be revised at any time for any reason, and Skayl may provide you notice of these changes by any reasonable means. You can determine when we last updated the Site by referring to the "Last Updated" legend at the top of these Terms. By continuing to access, browse or use the Site, you confirm your acceptance of the revised Terms.
In order to access and use certain areas or features of the Site, you may need to provide certain information and/or answer certain questions. Each registration is for a single user only.
You agree to (a) provide accurate, current and complete information, (b) maintain and promptly update, as necessary, your information, (c) be responsible for the acts or omissions of any third party who has authority to access or use the Site on your behalf, and (d) immediately notify us if you discover or otherwise suspect any security breaches related to the Site.
By providing information and/or answering questions, you also consent to receive electronic communications from Skayl (e.g., via email or by posting notices to the Site). You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Unless otherwise indicated in writing by us, the Site and all content and other materials contained therein, including, without limitation, the Skayl logo and all designs, text, graphics, pictures, information, data, software, and other files (collectively, "Content") are the property of Skayl or our licensors or users, as applicable, and are protected by U.S. and international copyright and other laws.
Subject to these Terms, you are hereby granted a personal, non-exclusive, non-transferable, non-sublicensable license to access and make personal, non-commercial use of the Site and Content. All rights not expressly granted herein are reserved.
Such license does not include any right to, and you shall not, directly or indirectly: (a) sell, resell or use commercially the Site or Content, (b) distribute, publicly perform or publicly display any Content, (c) modify or otherwise make any derivative uses of the Site or Content, (d) use any data mining, robots or similar data gathering or extraction methods, (e) download any portion of the Site or Content except as expressly permitted by us, (f) use the Site to stalk, threaten, or otherwise violate the rights of others; (g) interfere with the Site or servers or networks used in connection with the Site; or (h) use the Site or Content other than for their intended purposes.
The Skayl logo, and any other Skayl product or service names, trademarks, logos, or other indicia ("Marks") that may appear on the Site are the property of Skayl or its subsidiaries, affiliates or third parties, and may not be copied, imitated or used, in whole or in part, without our prior written permission. Nothing contained in the Site shall be construed as granting, by implication or otherwise, any license or right to use any such Mark without the prior written permission of Skayl.
Skayl is committed to processing and protecting the personal data collected through the Site in compliance with its obligations under applicable privacy laws, including, if applicable to you, the European Union General Data Protection Regulation. For additional information about your rights and your personal data, what data is collected, how it is processed, protected, shared, and how long it is retained, please see Skayl's Privacy Policy.
Where Skayl has a good faith belief that such action is necessary to comply with a judicial proceeding, court order, warrant, or other valid process, Skayl may disclose IP addresses, personal information, and any contents of the Site where it is legally compelled to do so.
We implement a number of security features to help guarantee and ensure to the greatest extent possible that your information is safe. We use industry standard technologies when transferring and receiving user data exchanged between Skayl and third parties to ensure its security.
You are solely responsible and liable for all data, information and other materials ("User Content") that you submit, upload, post, e-mail or otherwise transmit ("Transmit") in connection with the Site. IF YOU CHOOSE TO SUBMIT TO US, OR OTHERWISE MAKE ANY USER CONTENT PUBLICLY AVAILABLE, YOU DO SO AT YOUR OWN RISK AND WE SHALL HAVE NO LIABILITY THEREFOR.
You agree that you will not, and will not permit anyone else to, directly or indirectly:
Although we have no obligation to screen, edit or monitor User Content, we reserve the right, and have absolute discretion, to remove, screen or edit User Content posted or stored on the Site at any time and for any reason.
We do not claim any ownership interest in your User Content. However, by uploading, posting or submitting User Content to the Site or to our pages or feeds on third party social media platforms, you hereby grant Skayl a nonexclusive, royalty-free, worldwide, perpetual, irrevocable and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and publicly display your User Content, in whole or in part, in any manner or media and for any purpose whatsoever at our sole discretion.
Separate and apart from User Content, you can submit questions, comments, suggestions, ideas, original or creative materials or other information about Skayl, the Site or the services (collectively, "Feedback"). Feedback is non-confidential and shall become the sole property of Skayl. Skayl shall own exclusive rights, including all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
We have not reviewed all of the websites linked to the Site and are not responsible for the content of any third-party pages, any other websites linked to the Site, or any products or services offered by third parties linked to the Site. Nothing in the Site should be construed as an endorsement of any products, services or information of any other persons or companies by Skayl. Your choice to access a link to any other website is at your own risk.
You shall indemnify, hold harmless, and, at Skayl's option, defend Skayl from and against any and all losses, damages, liabilities, costs (including reasonable attorneys' fees) ("Losses") incurred by Skayl resulting from any third-party claim, suit, action or proceeding relating to or arising from your use of the Site, any User Content that you Transmit to or through the Site, any Feedback you provide, any violation of these Terms by you, or any other act or omission by you. You further agree that Skayl shall have control of the defense or settlement of any third party claims unless Skayl exercises its option to require you to defend Skayl.
THE SITE AND THE CONTENT ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, SKAYL DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SITE; (B) THE CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO THE SITE. IN ADDITION, SKAYL HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND FREEDOM FROM COMPUTER VIRUS.
SKAYL DOES NOT REPRESENT OR WARRANT THAT THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING VIRUSES. YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SKAYL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS TO OR USE OF THE SITE, OR OTHERWISE RELATED TO THESE TERMS, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF SKAYL ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE EXCEED THE AMOUNT PAID TO SKAYL FOR ANY PRODUCTS OR SERVICES IN THE NINETY (90) DAYS PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY.
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542, WHICH STATES "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH SKAYL AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
YOU AND SKAYL AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS, OR THE SERVICES SHALL BE FINALLY DECIDED BY BINDING ARBITRATION UNDER THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION GOVERNING CONSUMER DISPUTES.
Arbitration uses a single, neutral arbitrator to decide a dispute (instead of a judge or jury); arbitration allows for more limited discovery than in a court case; and the arbitration process and result is subject to very limited review by courts. You and Skayl agree that any in-person arbitral hearing would occur in the United States in the same county and state as your billing address. You agree that, by agreeing to these Terms, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Skayl are each waiving the right to a trial by jury or to participate in a class action. REGARDLESS OF THE FORUM, YOU AND SKAYL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Site (or any features or parts thereof) at any time.
This Site is hosted in the United States of America. If you are located outside of the United States of America and you contact us, please be advised that any information you provide to us will be transferred to the United States of America and that by submitting information, you explicitly authorize such transfer.
Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Site at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event.
Skayl operates the Site from the State of Maryland, U.S.A. These Terms shall be governed by the laws of the State of Maryland, U.S.A., including its statutes of limitations, but without reference to conflict or choice of law provisions. Except as otherwise provided in Section 13, the exclusive forum for the resolution of any dispute relating to these Terms shall be in the state and federal courts in Westminster, Maryland, U.S.A.
All notices, demands, or consents given by you under these Terms will be in writing and will be deemed given when delivered to Skayl at: admin@skayl.com. Any notices to you may be made via either e-mail or postal mail to the address in Skayl's records or via posting on the Site. Please report any violations of these Terms to Skayl at the contact listed above.
If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.
We expect users of the Site to respect the intellectual property rights of others. If you believe in good faith that any of the content on the Site infringes your copyright, please provide our copyright agent the written information specified below.
Skayl's copyright agent for notice of claims of copyright infringement:
Skayl LLC
400 N. Center St., Unit 177
Westminster, MD 21157
admin@skayl.com
These Terms constitute the entire agreement between you and Skayl relating to your access to and use of the Site. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of Skayl. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.