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Terms of Services
1. Acceptance Of Terms Welcome to the SkyXpress Website, a service provided by SkyXpress. SkyXpress provides this service to you, subject to the following Terms of Service ("Terms"), which may be updated by us from time to time without notice to you. You can review the most current version of the Terms at any time at this Website. Your continued use of the Service (as defined below) indicates your acceptance of the then-current Terms. In addition, when using our other services, you and SkyXpress shall be subject to the then-current posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms. 2. Description Of Service SkyXpress currently provides users with access to on-line resources, including, various products and services ("Service"). You understand and agree that the Service is provided "AS-IS" for the provision of the Service, including, without limitation, the timeliness, deletion, miss-delivery or failure to store any user communications or personalization settings. 3. Your Registration Obligations In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if SkyXpress has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, SkyXpress has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). 4. SkyXpress Privacy Policy Your provision of Registration Data and certain other information is subject to our Privacy Policy. 5. Member Account, Password and Security You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify SkyXpress of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. You agree that you are responsible for setting up users and restricting access to your information as necessary for your organization. SkyXpress cannot and will not be liable for any loss or damage arising from your failure to comply with this section 5. 6. Member Conduct You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (collectively, "Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not SkyXpress, are entirely responsible for all Content that you upload, email or otherwise transmit via the Service and the Site. We do not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage, financial, intangible, or otherwise, of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service. 7. Special Admonitions For International User Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. 8. Public Content Posted to SkyXpress Website (a) For purposes of the Terms, "publicly accessible areas of the Service" shall mean those areas accessible by the general public. 9. Indemnity You agree to indemnify and hold SkyXpress and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the Terms, or your violation of any rights of another. 10. No Resale Of Service You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, including, without limitation, the Content (or any portion thereof), use of the Service, or access to the Service. 11. General Practices Regarding Use And Storage You acknowledge that SkyXpress may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on SkyXpress’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that SkyXpress has no responsibility or liability for the deletion of failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that SkyXpress reserves the right to deactivate user accounts that are inactive for a extended period of time. You further acknowledge that SkyXpress reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. 12. Modifications To Service SkyXpress reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that SkyXpress shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. 13. Termination You agree that SkyXpress, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if SkyXpress believes that you have violated or acted inconsistently with the letter or spirit of the Terms. SkyXpress may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms may be effected without prior notice, and acknowledge and agree that SkyXpress may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that SkyXpress shall not be liable to you or any third-party for any termination of your access to the Service. 14. Dealings With Advertisers Your correspondence, relationship, or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that SkyXpress shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service. 15. Links The Service may provide, or third parties may provide, links to other World Wide Websites or resources. Because SkyXpress has no control over such sites and resources, you acknowledge and agree that SkyXpress is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, including, without limitation, Content, advertising, products, or other materials, on or available from such sites or resources. You further acknowledge and agree that SkyXpress 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 use of or reliance on any such content, Content, advertising, products, materials, goods or services available on or through any such site or resource. 16. SkyXpress Proprietary Rights You acknowledge and agree that the Service and any software used in connection with the Service ("Software") may contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the Service or advertisers may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by SkyXpress or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. 17. Disclaimer Of Warranties YOU EXPRESSLY UNDERSTAND AND AGREE THAT: 18. Limitation Of Liability YOU EXPRESSLY UNDERSTAND AND AGREE THAT SKYXPRESS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SKYXPRESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: 19. Exclusions And Limitations SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU. 20. Special Admonition For Services Relating To Financial Matters If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Service concerning companies, stock quotes, investments, securities, or other financial information please read the above Sections 17 and 18 carefully. The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. Despite SkyXpress’s efforts to provide useful and accurate Content via the Service, errors or other inaccuracies may occur from time to time. Before acting on information found through the Service, users should confirm any Content that is important to any such decision. SkyXpress shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information. 21. Notice Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you generally on the Service. 22. Trademark Information SkyXpress and the SkyXpress logos trademarks, service marks, product and service names, and other corporate indicia, (the "SkyXpress Marks") are the property of SkyXpress. Without SkyXpress’s prior permission, you agree not to display or use in any manner, the SkyXpress Marks. 23. Copyrights And Copyright Agents SkyXpress respects the intellectual property rights of others, and we ask our users to do the same. If you believe that your work has been used by SkyXpress in a way that violates your proprietary rights, please provide SkyXpress’s Copyright Agent the following information: 24. General Information The Terms constitute the entire agreement between you and SkyXpress and govern your use of the Service, superseding any prior agreements between you and SkyXpress. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The Terms and the relationship between you and SkyXpress shall be governed by the laws of the State of Minnesota without regard to its conflict of law provisions. You and SkyXpress agree to submit to the personal and exclusive jurisdiction of the courts located within Otter Tail County, Minnesota. The failure of SkyXpress to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect. 25. Promotions And Advertisements Promotions, programs, discounts and incentives described in this Site are subject to change in SkyXpress’s sole and absolute discretion and SkyXpress reserves the right to discontinue or modify any such promotion or program without notice to users of this Site. In the event of the discontinuation or modification of any promotion or program and SkyXpress’s inadvertent and unintentional oversight in removing or modifying the information, graphics or materials available on this Site with respect to the promotion or discount, SkyXpress shall have no liability or obligation to any user to honor any discontinued promotion, program, discount, incentive or offer. 26. Violations Please report any violations to SkyXpress. |
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