Last Modified: November 11, 2019
Pica Product Development, LLC, d/b/a Skyhawk (“Company”) provides the Skyhawk branded collection of wireless asset monitoring hardware (“Skyhawk Products” or “Products”) and subscription-based automated notification services (the “Skyhawk Service”) through (1) its website located at www.sky-hawk.com (the “Website”), (2) services accessible through the Website (“Web-based Services”), (3) the Skyhawk CE app downloadable to a Skyhawk-compatible mobile smart device (the “Skyhawk CE App” or “App”) available from the Google Play Store or the Apple Store, and (4) the Skyhawk subscription services (“Subscription Services”) which enable connectivity of your Skyhawk Product to our Skyhawk Service. The terms “Service” or “Services”, when used alone, refers generically to anyone, or any combination of, the Skyhawk Service, the Website, the Web-Based Services, the Skyhawk CE App and/or the Subscription Services.
Relationship to Other Agreements
Your purchase of any Skyhawk Product or Subscription Service is governed by the Terms of Sale. Product warranties are governed by the Limited Product Warranty. Use of the Skyhawk CE App (and any updates thereto) is governed by the Skyhawk CE App End User License Agreement, or “EULA”. Use of the Website located at http://www.sky-hawk.com is governed by our
Modification of Terms of Service
Company reserves the right to make changes to these Terms of Service, including all Terms, Policies, Guidelines and Rules incorporated therein. Company will post notice of changes to the Terms of Service on the Website. You should ensure that you have read and agree with the most recent versions of each of these documents when you use the Services and Products. Continued use of the Services and Products following notice of such changes shall indicate your acknowledgment of such changes and agreement to be bound by the revised Terms. IF YOU DO NOT AGREE WITH ANY OF THE CHANGES TO ANY OF THE TERMS, YOU SHOULD DISCONNECT YOUR PRODUCTS FROM YOUR ACCOUNT AND CEASE ACCESSING OR USING THE SERVICES AND PRODUCTS.
YOU UNDERSTAND AND ACKNOWLEDGE THAT SKYHAWK PRODUCTS ONLY WORK WHEN REGISTERED TO AN ACTIVE ACCOUNT AND CONNECTED BY WAY OF A PAID SUBSCRIPTION SERVICE.
THESE TERMS OF SERVICE ARE A LEGAL AGREEMENT. BY ACCEPTING THESE TERMS THROUGH THE WEBSITE, THE SKYHAWK CE APP, OR BY PURCHASING, ACCESSING AND/OR USING THE SKYHAWK PRODUCTS OR SERVICES, YOU ARE ACCEPTING AND AGREEING TO THESE TERMS OF SERVICE ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT.
YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY TO ACCEPT AND AGREE TO THESE TERMS OF SERVICE ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT. YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE OR OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OR RESIDENCE TO FORM A BINDING CONTRACT, AND THAT YOU ARE NOT PROHIBITED BY APPLICABLE LAW OR COURT ORDER FROM PURCHASING, ACCESSING AND/OR USING THE SKYHAWK PRODUCTS AND SERVICES.
YOU REPRESENT AND WARRANT THAT YOU WILL USE THE SKYHAWK SERVICES ONLY WITHIN THE UNITED STATES AND THAT YOU UNDERSTAND THAT IT OPERATES ONLY WHERE VERIZON WIRELESS PROVIDES LTE CAT-M1 CELLULAR COVERAGE.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY ACCEPTING THESE TERMS OF SERVICE YOU ARE CONSENTING TO AUTOMATIC SOFTWARE UPDATE OF THE SERVICES AND OF THE PRODUCTS CONNECTED TO THE SERVICES.
BY ACCEPTING THESE TERMS OF SERVICE YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO THE RESTRICTIONS OF USE, IMPORTANT SAFETY PRECAUTIONS, AND SKYHAWK SERVICE LIMITATIONS, ESPECIALLY WITH REGARD TO THE LIFE SAFETY RESTRICTIONS AND PRECAUTIONS.
YOU MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. THE DISCLAIMERS, EXCLUSIONS, MANDATORY AND BINDING ARBITRATION, LIMITATIONS OF LIABILITY, INDEMNIFICATION, WAIVER OF JURY TRIAL, WAIVER OF CLASS ACTION AND WAIVER OF PUNITIVE DAMAGES UNDER THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OR OTHER RIGHTS, SO THOSE PROVISIONS OF THESE TERMS MAY NOT APPLY TO YOU.
Acceptance, Term & Termination
These Terms of Service are a legal agreement between the Company and yourself or an entity that you represent (“you” or “your”). Your acceptance means that you are accepting and agreeing to these Terms of Service on behalf of yourself or the entity that you represent. Your acceptance of these Terms of Service is a condition to your access and use of the Skyhawk Products and Services. You manifest Your acceptance of these Terms of Service by accepting these terms through the Website or the Skyhawk Mobile app, by purchasing a Skyhawk Product or Skyhawk Subscription, and by accessing or using the Services or Products.
By accepting these Terms of Service, you represent and warrant that (i) you have the right, authority and capacity to accept and agree to these Terms of Service on behalf of yourself or the entity that you represent, (ii) you are at least 18 years of age or of sufficient legal age in your jurisdiction or residence to form a binding contract, and (iii) you are not prohibited by applicable law or court order from purchasing, accessing and/or using the Skyhawk Products and Services.
If you do not agree to be bound by these Terms of Service, you must delete your Account if one exists, promptly remove the Skyhawk CE app from your mobile device(s), and cease accessing or using any of the Skyhawk Products or Services.
Term and Termination
These Terms of Service apply and remain in effect (1) each time you purchase a Product or Service; (2) each time you register for or access an Account; (3) each time you access any of the Services; (4) continuously from the day you purchase a Skyhawk Subscription Service and throughout the subscription term; (5) continuously from the time you download our Skyhawk CE App and until you remove it from your mobile device; and/or (6) until terminated in accordance with the provisions of these Terms of Service. At any time, Company may (i) suspend or terminate Your rights to access or use the Services, or (ii) terminate these Terms of Service with respect to you if Company, in good faith, believes that you have used the Services or Products in violation of these Terms of Service, including any incorporated terms, guidelines, or rules.
In addition to any right or remedy that may be available to us under these Terms of Service or applicable law, we may suspend, limit or terminate your account, or all or a portion of your access to the Services, at any time with or without notice in the event (i) you have breached these Terms of Service, (ii) such action is necessary to prevent harm to any party or liability to Company, or (iii) a required payment with respect to your Subscription Service is delinquent.
Additionally, notwithstanding any other provision of these Terms of Service, Company reserves the right to change, suspend, remove or disable access to any content, features or other materials comprising a part of the Service at any time without notice. In no event will Company be liable for the removal of or disabling of access to any such Content, features or materials.
Effect of Termination
Upon termination of these Terms, your Account and your right to use the Skyhawk Products and Services will automatically terminate.
Terms of Sale
These Terms of Sale are an integral part of the Terms of Service which governs the purchase and use of our Products and Services. You should carefully review the entirety of the Terms of Service, including all terms, guidelines, rules, restrictions, and policies incorporated therein or posted on our Website prior to purchasing Products or Services, as your purchase and use binds you to them.
Your purchase of any Skyhawk Product is governed by the Limited Product Warranty provided with that Product (“Limited Product Warranty”), which may also be found at http://www.sky-hawk.com/legal.
Products and Services Not for Resale
Products and Services may be sold only by authorized Skyhawk Distributors or Resellers. YOU REPRESENT AND WARRANT THAT YOU ARE BUYING PRODUCTS OR SERVICES FROM THE WEBSITE, THROUGH THE SKYHAWK CE APP, OR FROM AN AUTHORIZED SKYHAWK DISTRIBUTOR/RESELLER FOR PERSONAL OR BUSINESS USE ONLY, AND NOT FOR RESALE OR EXPORT.
Order Acceptance and Cancellation
You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between the Company and you will not take place unless and until you have received your order confirmation email. You have the option to cancel your order at any time before we have sent your order confirmation email by contacting our Customer Support via email at email@example.com or by calling 1-866-830-5870 x1.
Prices and Payment Terms
All prices posted on the Website or in our Skyhawk CE App are subject to change without notice. The price charged for a Product or Service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
Credit Card Required
Purchase of a Product or Service requires pre-payment via a credit card. All charges and fees will be billed to the credit card that you designate in your Account during the setup process. We accept all major credit cards, including Visa, Mastercard, Amex and Discover. You can access your Account online to edit your credit card payment information in your Account at any time.
You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
Company may obtain preapproval for an amount up to the amount of the payment.
Automated Subscription Renewal
SUBSCRIPTION PLANS AUTOMATICALLY RENEW UPON EXPIRATION OF THE CURRENT SUBSCRIPTION PLAN PERIOD AT THE THEN-PREVAILING RATES FOR THE CURRENT PLAN UNLESS OTHERWISE CANCELED PRIOR TO THE END OF THE CURRENT SUBSCRIPTION PLAN PERIOD. YOU CAN CANCEL YOUR SUBSCRIPTION AT ANY TIME. CANCELLATION IS EFFECTIVE UPON EXPIRATION OF THE CURRENT SUBSCRIPTION PLAN PERIOD.
Company uses 3rd-party PCI compliant payment services provider
Company uses Chargebee, an entrusted, PCI compliant, third party company, to charge your credit card for device purchase and subscription renewal. Company does not retain your credit card information on its servers.
Subscription Service plans
Use of the Skyhawk Service requires purchase of a pre-paid Subscription Service, which may be offered in varying length subscription plans as posted on our Website or in our Skyhawk CE App. When you sign up for the Skyhawk Service by paying the amount due on a pre-paid subscription plan of your choice, you authorize Company to charge your credit card in full for your selected Subscription plan. You will be asked to confirm that you are aware that you are signing up for automatic renewals of your Subscription plan. Prior to the end of the subscription period for your current subscription plan, Company will send you a reminder by email that your subscription renewal is due and that unless your subscription is canceled prior to the end of the subscription period, Company will automatically renew your subscription at the end of the current subscription period by charging your credit card. ALL PAYMENTS MADE FOR YOUR SUBSCRIPTION SERVICE PLAN TO THE SKYHAWK SERVICE ARE NON-REFUNDABLE.
Company reserves the right to suspend your subscription to the Skyhawk Service, if Company is unable to process the subscription renewal charge on your credit card.
Shipments; Delivery; Title and Risk of Loss
We will provide you with options for shipping methods in your online shopping cart during the online order checkout process. Company will ship your ordered Products according to the shipping method you selected and in accordance with our Shipping Policy. You will pay all shipping and handling charges specified during the ordering process.
Title and risk of loss pass to you upon delivery of the Products to you. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
Returns and Refunds
We will accept a return of Products for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within 30 days from the date of sale and provided such products are returned in their original packaging and in original condition. To return products, you must contact Customer Support by calling 1-866-830-5870 x1 or email our Returns Department at firstname.lastname@example.org to obtain a Return Merchandise Authorization (“RMA“) number before shipping your product. No returns of any type will be accepted without an RMA number.
You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment. We therefore strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection.
Refunds are processed within approximately five business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Site. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE.
Subscription Cancellation and Refund Policy
ALL PAYMENTS MADE FOR YOUR SUBSCRIPTION SERVICE PLAN TO THE SKYHAWK SERVICE ARE NON-REFUNDABLE. Please allow 3 business days prior to the end of your current subscription period to cancel your subscription to the Skyhawk Service, to avoid being charged for the subsequent subscription period.
You must register for a Skyhawk Account (“Account”) to purchase a Skyhawk Product and/or to activate a Subscription Service to connect the Skyhawk Service. When you register for your Account, you must provide certain information (including personal information) about yourself, as prompted by the applicable registration form. You represent and warrant that: (a) all required registration information that you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Skyhawk Product and/or Skyhawk Service will not violate any U.S. or other applicable law or regulation.
You are entirely responsible for maintaining the confidentiality of your Account login information and for all activities that occur under your Account. You agree to maintain your password securely to prevent others from gaining access. You agree to immediately notify the Company of any unauthorized use or suspected unauthorized use of your Account, or any other breach of security. The Company is not liable for any loss or damage arising from your failure to comply with the above requirements.
The Company can terminate your Account or place your Account on hold, at any time in our sole discretion for any or no reason, including to protect you, the Company, its partners or third parties from identity theft or other fraudulent activity, or if, in our opinion, you have violated any provision of these Terms of Service. Company is not obligated to credit or discount a Subscription for holds placed on the Account by either a representative of the Company or by the automated processes of the Company.
In order for a Skyhawk Product to work with the Skyhawk Service, it must be registered to an Account and activated through such Account by subscribing to a Subscription Service plan. The Skyhawk Product may be registered either to the original purchaser’s Account or to a 3rd party recipient’s Account (such as, for example, in the situation where an employer purchases a Skyhawk Product for use by an employee, or when a person purchases a Skyhawk Product in order to gift it to another person). A Skyhawk Product can only be registered to one Account for use with the Skyhawk Service. For purposes of the Skyhawk Service, the original purchaser of the Skyhawk Product is considered to be the owner of the Skyhawk Product unless and until the purchaser transfers the Skyhawk Product to a 3rd party and follows the Skyhawk Transfer Process.
A Skyhawk Product can only be registered to one Account at any given time. To transfer a Skyhawk Product from one person’s Account(the “First Account”) to another person’s Account (the “Second Account”), the First Account holder must unregister the Skyhawk Product from the First Account, and then THE SECOND ACCOUNT HOLDER MUST REGISTER SUCH SKYHAWK PRODUCT TO THE “SECOND ACCOUNT” AND PURCHASE THEIR OWN SUBSCRIPTION SERVICE FOR THE TRANSFERRED PRODUCT. TRANSFER OF A SKYHAWK PRODUCT FROM THE FIRST ACCOUNT TO THE SECOND ACCOUNT AUTOMATICALLY TERMINATES THE ABILITY OF THE FIRST ACCOUNT HOLDER TO MANAGE AND MONITOR THE UNREGISTERED SKYHAWK PRODUCT BUT DOES NOT TERMINATE, OR ENTITLE THE FIRST ACCOUNT HOLDER TO A REFUND OF, THE SKYHAWK SUBSCRIPTION ASSOCIATED WITH THE TRANSFERRED PRODUCT. SUBSCRIPTION SERVICES CANNOT BE TRANSFERRED.
At time of purchase, the purchaser of a Skyhawk Product may be presented with the option of gifting a Skyhawk Product or Service to another person. During the online purchase of the Skyhawk Product, the purchaser will be presented with a clickbox option to gift the Product or Service to someone else. If the gift option is selected, the purchaser will be provided with a gift activation code that the gift recipient must use during registration of the Skyhawk Product or Service to their own Account (which they must first register for if they do not already hold a Skyhawk Account).
3rd-Party Beneficial User
In some cases, a purchaser may wish to purchase a Skyhawk Product for use by another party (“Beneficial User”) (e.g., an employer may purchase on behalf of an employee, or a designated responsible party may purchase on behalf of a beneficiary) but desires the ability to recover use of the Skyhawk Product should the beneficial use end (for example, if the employee leaves the service of the employer or the beneficial use is no longer needed or the beneficiary relationship otherwise ends). At the time of purchase, the purchaser of a Skyhawk Product may be presented with the option of retaining recovery control over the purchased Skyhawk Product. During the online purchase of the Skyhawk Product, the purchaser will be presented with a clickbox option to allow the purchaser to retain recovery control over the purchased Skyhawk Product but allow it to be registered to another party. If the recovery control option is selected, the Skyhawk Product will be associated with the purchaser’s Account for the purposes of Product recovery, and the Beneficial User will be able to register the purchased Skyhawk Product to their own Account. Although the purchased Skyhawk Product is registered to the purchaser’s Account for recovery purposes, the purchaser cannot use the Skyhawk Product under a Skyhawk Service because it is registered to the Beneficial User’s Account. However, at any time, the purchaser can terminate the Beneficial User’s ability to use the Skyhawk Product by following the Transfer Process described herein or by notifying Customer Service.
No Third Party Beneficiaries. With the exception of the indemnification provisions under these Terms of Service, and the third party beneficiary provisions in the EULA for the App Store providers, these Terms of Service do not and are not intended to confer any rights or remedies upon any person other than you.
The Skyhawk Service
The Skyhawk Service requires the following:
- Your Skyhawk-compatible mobile device connected to the Internet through WiFi and/or your cellular mobile network provider (“Mobile Provider”);
- A Skyhawk Account;
- A pre-paid subscription plan (the “Subscription Service”) to the Skyhawk Service; and
- A Skyhawk Product.
THE SKYHAWK SERVICE OPERATES ONLY WHEN YOUR SKYHAWK PRODUCTS ARE PLACED WITHIN THE GEOGRAPHICAL AREA WHERE Verizon Wireless LTE CAT-M1 Coverage EXISTS AND IS NOT TO BE USED OUTSIDE THE UNITED STATES.
To use the Skyhawk Service you will be required to (i) download and install the Skyhawk CE App on your Skyhawk-compatible device, (ii) register for a Skyhawk Account through the Website or Skyhawk CE App, (iii) activate your Skyhawk Product by registering it to your Account, and (iv) subscribe to and purchase a Skyhawk Subscription for your Product. You may configure notifications of Skyhawk Service alerts to be sent to your mobile device through in-app push notifications, and/or to one or more remote email or text messaging addresses.
Your 3rd-Party Mobile Provider
You acknowledge that the terms of any agreement with your Mobile Provider will continue to apply when using the Skyhawk Service with your mobile device. Consequently, you may be charged by your Mobile Provider, or any applicable third parties, for access to its/their network connection services while you are accessing the Skyhawk CE App or when receiving text message alerts. You accept responsibility for any such charges that arise.
3rd-party Recipients of Skyhawk alerts – 3rd-party Recipient Mobile Providers
You may configure alert notifications to be sent to a 3rd party with the permission of such 3rd party. Such 3rd party may receive alert notifications on his/her own mobile device which may subject the 3rd party to mobile charges per the 3rd party’s Mobile Provider agreement. You represent and warrant that (1) you will obtain or have obtained consent from any 3rd party to receive alert notifications associated with your Account prior to configuring your Account to send notification alerts to such 3rd party; and (ii) you are responsible for any actions in connection with sending alerts to, or receiving the alerts by, the 3rd party, without his or her permission, relating to the Skyhawk Service.
Modifications, Suspension, or Discontinuance of Services
Company reserves the right, at any time, to modify, suspend or discontinue the Services or any part thereof with or without notice. You agree that Company will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services or any part thereof.
Company reserves the right to improve and change the Skyhawk Service and any element thereof at any time, at Company’s sole discretion.
Automatic Software Updates of Skyhawk Products
From time to time, Company may issue software updates for your Skyhawk Product(s). These software updates may include code fixes, security patches, performance improvements, or other updates or upgrades (“Product Software Updates”). You agree that Company may automatically deliver such Product Software Updates to your Skyhawk Product(s) as part of the Skyhawk Service. You agree and consent that such Product Software Updates may be automatically installed without providing any additional notice or receiving any additional consent.
Software Updates of Skyhawk CE App
From time to time, Company may issue software updates for the Skyhawk CE App. These software updates may include code fixes, security patches, performance improvements, additional features or other updates or upgrades (“App Updates”). You acknowledge that you may be required to install App Updates to use the Skyhawk Service and you agree to promptly install any App Updates that Company when notified.
For more information, see the Skyhawk CE App EULA.
Software Updates of the Website
From time to time, Company may issue software updates for the Website. These software updates may include code fixes, security patches, performance improvements, additional features or other updates or upgrades (“Website Updates”).
Updates are Part of the Skyhawk Service
You agree that all Product Software Updates and App Updates are a component of the Skyhawk Service and are and will be subject to these Terms of Service, including the Skyhawk CE App End User License Agreement, and changes or updates made thereto over time.
Privacy of Others
You agree that you (and not Company) are responsible for ensuring that you comply with any applicable laws when you use the Skyhawk Products and Services, including, but not limited to, any laws requiring notice to third parties, or consent or explicit consent of third parties with respect to your use of the Skyhawk Service.
The Company cares about the integrity and security of your personal information and implements industry-recognized appropriate technical, administrative and physical safeguards to help protect against unauthorized access to, use or disclosure of our users’ personal information we collect or Nonetheless, Company cannot guarantee that our safeguards will prevent every unauthorized attempt to access, use or disclose personal information. You acknowledge that you provide your personal information at your own risk. Please contact Customer Support immediately if you become aware of a security issue with regard to your Skyhawk Account, or your Skyhawk Products or Services.
Access, Availability and Export Restrictions
Access Limited to United States. Availability only where Verizon Wireless LTE CAT-M1 available
The Skyhawk Service is currently available for use only in the United States and only where Verizon Wireless LTE CAT-M1 coverage is available. The Skyhawk Service does not provide access to other cellular networks or carriers (i.e., roaming is not available). Although the Website may be accessible in regions outside the United States, the Skyhawk Products and Services made available through the Website or on its Skyhawk CE app are provided for purchase, access and use only by persons located within the United States, and only where Verizon Wireless LTE CAT-M1 cellular coverage is available. You acknowledge that you are responsible for determining the available of Verizon Wireless LTE CAT-M1 cellular coverage in the area where you intend to use the Skyhawk Service. You further acknowledge and agree that should you choose to access the Website and/or access or use any of the Products and Services outside the United States despite these Terms of Service clearly stating that the Skyhawk Products and Services, including the Website, are for access and use only in the United States, you are entirely responsible for compliance with all local laws with regard to any access or use of the Skyhawk Service by you from outside the United States. To the extent permissible by law, Company accepts no responsibility or liability for any damage or loss caused by your access or use of the Services or Products outside the United States. You will be bound by these Terms wherever you access or use the Website, the Products and/or the Services.
The Skyhawk Products and Services include technology and software that may be subject to US export control laws, including the US Export Administration Act and its associated regulations. By purchasing, downloading or using the Skyhawk Products and/or Services, and any technology or software in connection thereof, you agree to abide by the applicable laws, rules and regulations – including, but not limited to the Export Administration Act and the Arms Export Control Act – and you represent and warrant that you will not transfer, by electronic transmission or otherwise, or provide or allow use of, directly or indirectly, the Products, Services, software or technology, in violation of the law, to a foreign national, a foreign destination, or to any person, who is forbidden from receiving the Products, Services, software or technology under the Export Administration Regulations or any economic sanctions maintained by the U.S. Department of Treasury, U.S. antiboycott regulations, or U.S. economic sanctions, including the export and antiboycott restrictions found in the Export Administration Regulations or the sanctions regulations administered by the U.S. Office of Foreign Assets Control. YOU SHALL INDEMNIFY AND HOLD HARMLESS COMPANY FROM ALL CLAIMS, DEMANDS, DAMAGES, COSTS, FINES, PENALTIES, ATTORNEYS’ FEES AND ALL OTHER EXPENSES ARISING FROM YOUR FAILURE TO COMPLY WITH THIS PROVISION AND/OR APPLICABLE EXPORT CONTROL, ANTIBOYCOTT, OR ECONOMIC SANCTIONS LAWS AND REGULATIONS.
Intellectual Property Rights
Company Intellectual Property
The Skyhawk Products and Services, and all worldwide patents, copyrights, trademarks, trade secrets and other intellectual property rights therein (the “Intellectual Property Rights”) are the exclusive property of The Company or its affiliates or its licensors. You acknowledge that all Intellectual Property Rights in the Skyhawk Products and Services are owned by Company or its affiliates or our licensors. Your possession, access to and use of software embedded in the Product (“Product Software”) and Services do not transfer to you or any third party any rights, title or interest in or to such Intellectual Property Rights. Company, and its affiliates and licensors and suppliers, reserve all rights not granted in these Terms of Service. The Product Software and Services are licensed to you, not sold, under these Terms of Service. You acknowledge and agree that the all uses in these Terms of Service, and on the Website or in the Skyhawk CE App of the terms “purchase”, “purchaser”, “sell”, “seller”, “sale”, “resell”, “reseller”, “resale”, “price” and the like, when used in connection with the purchase, sale, or price of a Service or subscription plan, mean the purchase or sale of a license.
The Company name, the Company logo and all related names, logos, Product and Service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, Product and Service names, designs and slogans on this Website are the trademarks of their respective owners.
Unsolicited Ideas and Materials
Please see our Unsolicited Idea Submission Policy regarding unsolicited ideas and materials.
Subject to these Terms of Service, Company grants you a limited, revocable, non-exclusive, non-sublicensable and nontransferable license to access and use the Skyhawk Service solely in accordance with these Terms of Service.
Skyhawk CE App EULA
The Skyhawk CE App is licensed as set forth in the Skyhawk CE App End User License Agreement.
You represent and warrant that you will comply in all respects to the provisions of our Code of Conduct.
Code of Conduct
You represent and warrant that YOU WILL:
- Access and use the Skyhawk Products and Services strictly in accordance with these Terms of Service, including any guidelines, rules or policies incorporated herein or posted on our Website.
- Comply with the Restrictions of Use and Important Safety Precautions;
- Take all necessary precautions to maintain the confidentiality of your Account login credentials.
You represent and warrant that YOU WILL NOT:
- Use the Services or Products, or contribute any content, in a manner that is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous or otherwise objectionable;
- Copy, store or distribute any of the content, design, construction, or operation of any of the Services or Products, including text, images, graphics, formatting choices, operational flow, and underlying software, firmware, object, execution or binary code or data, except as expressly permitted by this license;
- Modify, translate, adapt, or otherwise create derivative works or improvements, reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code or underlying ideas or information, whether or not patentable, of any of the Services or Products, or any part thereof;
- Access the Products or Services in order to build a similar or competitive product or service;
- Remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from any of the Services or Products, including any copies thereof;
- Contribute any content or otherwise use the Services or Products in a manner that infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy or other rights of any third party;
- Rent, lease, lend, sell, sublicense, assign, distribute, host, publish, transfer, or otherwise make available any of the Services or Products, or any features or functionality of any of the Services or Products, to any third party for any reason, including by making any of the Services or Products available on a network where it is capable of being accessed by more than one device at any time;
- Remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting any of the Services or Products, or in a manner that violates the security of any computer network or cracks any passwords or security encryption codes;
- Use any of the Services or Products in any manner that replaces or interferes with medical or life-safety systems, or any police, fire, or other safety response systems, or in which violates any U.S. or other applicable law, regulation, or ordinance;
- Upload, transmit or distribute any computer viruse, Trojan Horse, worm, time bomb or any other harmful computer code, file, program or software intended to damage or alter a computer or communications network, computer, handheld mobile device, data, the Services, the Products, the Product Software or any other system, device or property;
- Interfere with, disrupt or attempt to gain unauthorized access to, Accounts other than your own or the servers or networks connected to the Services, or violate the regulations, policies or procedures of such networks;
- Impersonate any person or entity in any content that you contribute and when accessing the Products and Services;
- Access (or attempt to access) any of the Services by means other than through the interface(s) provided by the Company;
- Use the Services or Products or contribute content in a manner that violates any law, statute, ordinance or regulation or is otherwise illegal.
Restrictions of Use and Important Safety Precautions
The Skyhawk Products and Services are intended to be used for recreational and/or non-critical informational purposes. You acknowledge that the Skyhawk Service may experience Service Interruptions (as described below) beyond our control and therefore cannot be relied upon to be available or timely 100% of the time.
Restrictions of Use
DO NOT USE SKYHAWK PRODUCTS AND SERVICES:
- FOR MEDICAL MONITORING;
- AS A REPLACEMENT FOR A LIFE SAFETY DEVICE;
- IN PLACE OF HUMAN MONITORING WHERE THE LAW, SITUATION, OR THE SAFETY OF OTHERS, REASONABLY REQUIRES;
- IN PLACE OF A PHYSICAL LOCK OR OTHER PHYSICAL SAFETY DEVICE WHERE THE LAW, SITUATION, OR THE SAFETY OF OTHERS REASONABLY REQUIRES;
- AS THE SOLE MEANS FOR MONITORING OR PROTECTING ANY PERSON, LIVE ANIMAL, OR PROPERTY IN SITUATIONS WHERE THE FAILURE OF THE PRODUCTS OR SERVICES WOULD ENDANGER ANY PERSON, LIVE ANIMAL OR PROPERTY;
- IN A MANNER THAT VIOLATES ANY FEDERAL, STATE, LOCAL, ADMINISTRATIVE OR OTHER LAW, REGULATION OR ORDINANCE (INDIVIDUALLY, AND TOGETHER, “LAWS”), INCLUDING BUT NOT LIMITED TO LAWS PERTAINING TO ACTIVITY THAT IS CONSIDERED ILLEGAL, OR IN CONTRAVENTION OF LAWS PERTAINING TO, WITHOUT LIMITATION, DATA PRIVACY OR SECURITY, HEALTH AND SAFETY, CHILD SAFETY, AND ANIMAL WELFARE AND WILDLIFE MANAGEMENT / PROTECTION.
- ATTACH SKYHAWK PRODUCTS DIRECTLY TO MEDICAL MONITORING OR LIFE SAFETY EQUIPMENT (SUCH AS BUT NOT LIMITED TO A SMOKE &/OR CARBON MONOXIDE DETECTOR);
- PLACE SKYHAWK PRODUCTS IN A MANNER THAT INTERFERES WITH THE SAFE OPERATION OF OTHER EQUIPMENT, INCLUDING BUT NOT LIMITED TO A MEDICAL MONITORING DEVICE, A GUN CABINET LOCK, OR LIFE SAFETY DEVICE (SUCH AS BUT NOT LIMITED TO A SMOKE &/OR CARBON MONOXIDE DETECTOR).
No Medical Monitoring. You understand and agree that the Skyhawk Products and Services are NOT certified for medical monitoring and are not to be used for medical monitoring, or in a manner that would interfere with certified medical monitoring equipment. YOU UNDERSTAND THAT YOU ARE ENTIRELY RESPONSIBLE FOR RESPONDING TO ANY CIRCUMSTANCES OR FOR ANY ACTIONS YOU DO OR DO NOT TAKE IN RESPONSE TO RECEIVING ALERT NOTIFICATIONS FROM THE SKYHAWK SERVICE. IF YOU BELIEVE THAT AN ALERT REQUIRES AN EMERGENCY RESPONSE, CALL 911 OR APPROPRIATE EMERGENCY SERVICES PROVIDER.
Not a Life Safety Device. You understand that the Skyhawk Products and Services are intended for informational monitoring and are not intended for use alone as a safety-response system or in a safety-critical application. You understand and agree that the Skyhawk Products and Services cannot be 100% relied on in a life safety monitoring situation, and are not to be used as a replacement for, or placed in a manner that interferes with the function of, a life safety device, including but not limited to smoke or toxic substance detectors, fire alarms, gas alarms, locks, secure-entry systems, etc. COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT ANY PRODUCTS OR SERVICES MANUFACTURED OR SOLD BY COMPANY CONSTITUTE A LIFE SAFETY DEVICE WHEN USED ALONE OR IN COMBINATION WITH OTHER 3RD PARTY PRODUCTS.
Not a Smoke and Carbon Monoxide Detector. You understand and agree that the Skyhawk Products and Services, including smoke, carbon-monoxide and other gas or substance sensors manufactured and/or sold by Company are not certified as life-safety detectors and are not to be used as a replacement for, or placed in a manner that interferes with the function of, a certified life safety device, including but not limited to smoke or toxic substance detectors, fire alarms, gas alarms, etc. COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT ANY SMOKE AND/OR CARBON MONOXIDE SENSOR MANUFACTURED OR SOLD BY COMPANY CONSTITUTES A SMOKE DETECTION OR FIRE ALARM SYSTEM OR MEETS THE REQUIREMENTS OF ANY STATE OR LOCAL LAW, CODE, ORDINANCE, AUTHORITY HAVING JURISDICTION OR INDUSTRY STANDARD, SUCH AS NFPA 72. YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH THE REQUIREMENTS OF ANY APPLICABLE STATE OR LOCAL LAW, CODE, ORDINANCE, AUTHORITY HAVING JURISDICTION OR INDUSTRY STANDARD THAT MAY APPLY TO THE INSTALLATION, USE AND SERVICE OF ANY SMOKE AND/OR CARBON MONOXIDE DETECTORS MANUFACTURED OR SOLD BY COMPANY.
Not a Lock or Physical Security Device. You understand that the Skyhawk Products and Services are not locks or security devices, and should not be used in place of a lock or physical security device for the purpose of locking or physically securing premises or assets, or otherwise protecting the safety of others. YOU UNDERSTAND THAT YOU ARE NOT TO USE THE SKYHAWK PRODUCTS OR THE SKYHAWK SERVICE IN PLACE OF AN ACTUAL LOCK OR OTHER PHYSICAL SECURITY DEVICE IN ANY APPLICATION IN WHICH THE USE OR FAILURE OF THE SKYHAWK PRODUCTS AND/OR SERVICES COULD LEAD TO PERSONAL INJURY OR SEVERE PHYSICAL OR PROPERTY DAMAGE, OR WHERE THE LAW REQUIRES.
Not a Monitored Emergency Response Service. You understand that the Company is NOT a Monitored Emergency Notification Service and does not dispatch emergency personnel to your location in the event of an emergency. YOU UNDERSTAND THAT YOU ARE ENTIRELY RESPONSIBLE FOR RESPONDING TO ANY CIRCUMSTANCES OR FOR ANY ACTIONS YOU DO OR DO NOT TAKE IN RESPONSE TO RECEIVING ALERT NOTIFICATIONS FROM THE SKYHAWK SERVICE. IF YOU BELIEVE THAT AN ALERT REQUIRES AN EMERGENCY RESPONSE, CALL 911 OR APPROPRIATE EMERGENCY SERVICES PROVIDER.
Notice For Live Trap Monitoring. You understand that laws and regulations regarding live animal trapping vary across states and governmental and private authorities, and that remote monitoring of live animal traps may not be legal or authorized in all localities. You further understand that the Skyhawk Products and Services may be subject to Service Interruptions and therefore may not be available or deliver notifications 100% of the time. By using the Skyhawk Products and Services in connection with a live animal trap, you represent and warrant that you are in compliance with the live animal trapping laws and regulations in the locality where the use takes place, and that you understand that you are entirely responsible for any use you make of the Skyhawk Products and Services in connection with live animal trapping. COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT ANY SKYHAWK PRODUCT OR SERVICE MANUFACTURED OR SOLD BY COMPANY CONSTITUTES OR CAN BE COMBINED TO FORM A REMOTE TRAP MONITORING SYSTEM THAT IS LEGAL OR AUTHORIZED FOR USE OR THAT MEETS THE REQUIREMENTS OF ANY WILDLIFE MANAGEMENT, LIVE TRAPPING, PEST CONTROL OR OTHER APPLICABLE LAW, REGULATION, CODE OR ORDINANCE IN THE LOCALITY OF YOUR INTENDED USE OF SUCH SKYHAWK PRODUCT OR SERVICE.
Important Safety Precautions
Installation and Test and use. It is your responsibility to install and use the Products and Services pursuant to the applicable manual and instructions. IF A PRODUCT IS NOT PROPERLY INSTALLED, OR IF A PRODUCT OR ANY OF ITS SENSORS ARE OUTSIDE THE DETECTION RANGE OR HINDERED OR OBSTRUCTED BY GEOGRAPHICAL OR ENVIRONMENTAL OBSTRUCTIONS OR CONDITIONS, YOU MAY EXPERIENCE DELAYED NOTIFICATION OR NOTIFICATION FAILURES. It is your responsibility to test the Skyhawk Service once the Products are installed and configured to be sure the Products (and any related sensors, components and peripherals) and Services are functioning and communicating as intended and designed, and then regularly test and maintain the Products after installation.
Check battery level regularly. While Skyhawk Products are designed to automatically notify you when battery charge levels are low, you acknowledge that the Skyhawk Service which reports the battery low alert may not be available or function 100% of the time, and that it is your responsibility to check the functioning of your Skyhawk Product regularly to ensure you are receiving notifications when expected and to replace any batteries for the Products, when notified. YOU UNDERSTAND AND AGREE THAT THE PRODUCTS MAY NOT FUNCTION OR PROPERLY FUNCTION IF BATTERIES NEED REPLACEMENT.
Skyhawk Service Limitations and Interruptions
You acknowledge and understand that the Skyhawk Service relies upon radio technologies and third-party services, including but not limited to RF signal transmission, 3rd-party cellular and other wireless services, 3rd-party Cloud services (including Amazon Web Services) and/or Storage services, your Mobile Provider services, your and intermediary Internet Service Provider services, and other 3rd-party services. You acknowledge and understand that the Skyhawk Service, and the technologies and 3rd-party services on which it relies, are subject to certain limitations and service interruptions that are beyond Company’s control, including, without limitation, environmental, topographical or geographical conditions, weather, poor cellular coverage, placement of Skyhawk Products or notification recipients’ mobile device(s) outside the RF transmission range to send or receive transmission signals, physical or signal interference, lack of system or network capacity, network congestion, hostile network attacks, equipment malfunction, hardware failures, software bugs or incompatibility, periodic maintenance, upgrades, repairs, relocations, environmental or other disaster or emergency, acts of terrorism, or other failures or conditions beyond Company’s control that lead to interruption or unavailability of the Skyhawk Service (“Service Interruptions”).
No Uptime Guarantee for Skyhawk Service or Refund for Interruption of Service.
YOU ACKNOWLEDGE AND UNDERSTAND THAT FROM TIME TO TIME THE SERVICE MAY BE UNAVAILABLE OR INOPERABLE DUE TO SUCH SERVICE INTERRUPTIONS AND THAT NEITHER COMPANY NOR ITS 3RD-PARTY SERVICE PROVIDERS ARE LIABLE TO YOU OR TO ANY THIRD PARTY IN THE EVENT THAT ANY OF THE SKYHAWK PRODUCTS OR SERVICES ARE UNAVAILABLE OR INOPERABLE, MALFUNCTIONS, OR FOR ANY DISRUPTION IN THE SERVICE. YOU FURTHER UNDERSTAND AND AGREE THAT THE SKYHAWK SERVICE MAY BE SUSPENDED TEMPORARILY, WITHOUT NOTICE, FOR SECURITY REASONS, SYSTEMS FAILURE, MAINTENANCE AND REPAIR, OR OTHER CIRCUMSTANCES, INCLUDING FOR SUSPENSION OF SERVICE DUE TO FAILURE TO MAKE PAYMENTS WHEN DUE. YOU AGREE THAT YOU WILL NOT BE ENTITLED TO ANY REFUND OR REBATE FOR SUCH SUSPENSIONS. COMPANY DOES NOT OFFER ANY SPECIFIC UPTIME GUARANTEE FOR THE SERVICES.
Warranties and Disclaimers
LIMITED PRODUCT WARRANTY
THIS LIMITED WARRANTY FOR SKYHAWK PRODUCTS GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY BY STATE, PROVINCE, OR JURISDICTION.
THIS LIMITED WARRANTY CAN BE FOUND ONLINE AT WWW.SKY-HAWK.COM/LEGAL AND IN THE DOCUMENTATION WE PROVIDE WITH OUR PRODUCTS.
COMPANY WARRANTS THAT DURING THE WARRANTY PERIOD, THE PRODUCT WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP.
COMPANY EXPRESSLY LIMITS THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE TO THE DURATION OF THIS EXPRESS LIMITED WARRANTY.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
OUR RESPONSIBILITY FOR DEFECTIVE SKYHAWK PRODUCTS IS LIMITED TO REPAIR, REPLACEMENT OR REFUND AS DESCRIBED BELOW IN THIS WARRANTY STATEMENT.
Who May Use the Limited Product Warranty?
This limited warranty extends only to the original purchaser of the Skyhawk Product from the Skyhawk Website or from an authorized Skyhawk Dealer, or to the first person who activates the Skyhawk Product through registration of the Product to their Skyhawk Account (“you“/ “your”). It does not extend to any subsequent owner or other transferee of the Product.
What Does the Limited Product Warranty Cover?
This limited warranty covers defects in materials and workmanship of the Product for the Warranty Period as defined below.
What Does the Limited Product Warranty NOT Cover?
THIS LIMITED WARRANTY DOES NOT APPLY, AND IS VOID AND WITHOUT EFFECT AND COMPANY SHALL HAVE NO LIABILITY WHATSOEVER FOR DEFECTS OF SUCH PRODUCT, WHERE:
- the Product has been subjected to abuse, misuse, neglect, negligence, accident, improper testing, improper installation, improper storage, improper handling, abnormal physical stress, abnormal environmental conditions, or use contrary to Seller’s installation and maintenance instructions, restrictions on use and/or Important Safety Precautions.
- the Product has been reconstructed, repaired, or altered by Persons other than Seller or its authorized Representative; or
- the Product serial number is missing, or the anti-tampering seal or other anti-tampering device has been broken.
What Is The Period Of Coverage for the Limited Product Warranty?
This limited warranty starts on the original date of purchase and lasts for ONE (1) YEAR (the “Warranty Period“). The Warranty Period is not extended if we repair or replace the Product. We may change the availability of this limited product warranty at our discretion, but any changes will not be retroactive.
What Are Your Remedies Under the Limited Product Warranty?
With respect to any defective Product during the Warranty Period, Company will, in its sole discretion, repair or replace such Product free of charge (including shipping and handling fees to return the repaired or replacement Product to you) or refund the price paid (including any shipping or handling fees).
How Do You Obtain Warranty Service?
To obtain warranty service, you must, during the Warranty Period, first contact Customer Support to notify Company of any defect or failure of the Product and obtain a Return Merchandise Authorization (“RMA“) number. No warranty service will be provided without an RMA number. You may, at our discretion, be required to return the Product or destroy the Product and provide proof of destruction. When required to return the Product, you will be provided with shipping instructions and proof of purchase must accompany shipment. Company shall pay for shipping and handling charges in connection with performance of this limited warranty provided that Product is returned by following the shipping instructions provided under authorized RMA along with valid proof of purchase. For additional RMA process details go to www.sky-hawk.com.
Limitation of Liability for Breach of Limited Product Warranty
THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND COMPANY’S ENTIRE LIABILITY FOR ANY BREACH OF THIS LIMITED PRODUCT WARRANTY. COMPANY’S LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCT, NOR SHALL COMPANY UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES TO ANY PERSON OR PROPERTY ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCT INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, WRONGFUL DEATH, PROPERTY DAMAGE, LOSS OF DATA, LOSS OF REVENUE OR PROFITS, BUSINESS INJURY, BUSINESS INTERRUPTION OR ANY OTHER DIRECT OR INDIRECT DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
THE TERMS OF THIS LIMITED WARRANTY FOR SKYHAWK PRODUCTS WILL APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. FOR A FULL DESCRIPTION OF YOUR LEGAL RIGHTS YOU SHOULD REFER TO THE LAWS APPLICABLE IN YOUR JURISDICTION.
Disclaimer of Warranties
Services – Generally
THE SERVICES, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN THEM OR ANY APP OR WEB-BASED SERVICE, ARE PROVIDED FOR YOUR CONVENIENCE, “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED.
COMPANY EXPRESSLY DISCLAIMS, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET TITLE AND ENJOYMENT, AND NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. COMPANY DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED BY YOU THROUGH THE COMPANY OR THE SERVICES. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES.
THE SERVICES MAY PROVIDE YOU INFORMATION REGARDING YOUR PRODUCTS (“PRODUCT INFORMATION”) OR OTHER PERIPHERALS CONNECTED TO YOUR PRODUCTS (“PRODUCT PERIPHERALS”). THE TYPE OF PRODUCT PERIPHERALS THAT MAY BE CONNECTED TO YOUR PRODUCT MAY CHANGE FROM TIME TO TIME. WITHOUT LIMITING THE GENERALITY OF THE DISCLAIMERS ABOVE, ALL PRODUCT INFORMATION IS PROVIDED FOR YOUR CONVENIENCE, “AS IS” AND “AS AVAILABLE”. COMPANY DOES NOT REPRESENT, WARRANT, OR GUARANTEE THAT PRODUCT INFORMATION WILL BE AVAILABLE, ACCURATE, OR RELIABLE.
WHEN YOU INSTALL, SETUP OR USE THE PRODUCTS AND SERVICES YOU ARE GIVEN THE OPPORTUNITY TO CHANGE DEFAULTS OR CHOOSE PARTICULAR SETTINGS. THE CHOICES YOU MAKE CAN CAUSE NON-RECOMMENDED OR UNINTENDED OPERATION OR NON-OPERATION OF YOUR PRODUCTS AND SERVICES AND ANY CONNECTED EQUIPMENT OR SYSTEMS. YOU ASSUME ALL LIABILITY FOR ANY DAMAGES AND LOSSES CAUSED BY, OR RELATED TO, THE CHOICES YOU MAKE FOR THE PARTICULAR SETTINGS FOR THE PRODUCTS AND SERVICES, AND SETTING OR CHANGING DEFAULTS.
YOU UNDERSTAND AND AGREE THAT SOME OF THE PRODUCTS AND SERVICES ARE DETECTION, SIGNALING AND NOTIFICATION PRODUCTS AND SERVICES. THE PRODUCTS AND SERVICES DO NOT ELIMINATE OCCURRENCES OF EVENTS, SUCH AS BREAK-INS, THEFT, BURGLARIES, ROBBERIES, FIRES, FLOODS, PROPERTY DAMAGE, MEDICAL ISSUES OR DANGER TO PERSON OR PROPERTY. FURTHER, YOU UNDERSTAND AND AGREE THAT THE PRODUCTS AND SERVICES MAY NOT AVERT OR MINIMIZE SUCH OCCURRENCES OF EVENTS, OR THEIR CONSEQUENCES. COMPANY MAKES NO EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE) THAT THE PRODUCTS AND SERVICES WILL SO AVERT OR MINIMIZE SUCH OCCURRENCES OF EVENTS, OR THEIR CONSEQUENCES.
COMPANY IS NOT RESPONSIBLE FOR THE BEHAVIOR OF ANY USER THAT YOU AUTHORIZE TO ACCESS YOUR ACCOUNT, OR FOR ANY PERSONAL INJURY, DEATH, PROPERTY DAMAGE (INCLUDING, WITHOUT LIMITATION, TO YOUR HOME), OR OTHER HARM OR LOSSES ARISING FROM OR RELATING TO THEIR USE OF THE SERVICES.
Company is not responsible for third parties or their products and services, including those upon which the Skyhawk Service relies, including, without limitation, Verizon Wireless, the Apple App Store, the Google Play App Store, Amazon Web Services, and other 3rd-party products and service providers, including third party equipment providers and third party mobile, cellular and Internet service providers. COMPANY HEREBY DISCLAIMS, AND YOU HEREBY DISCHARGE, WAIVE AND RELEASE COMPANY AND ITS LICENSORS AND SUPPLIERS FROM ANY PAST, PRESENT AND FUTURE CLAIMS, LIABILITIES AND DAMAGES, KNOWN OR UNKNOWN, ARISING OUT OF OR RELATING TO YOUR INTERACTIONS WITH SUCH THIRD PARTIES AND THEIR PRODUCTS AND SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE ANY SIMILAR PROVISION IN ANY OTHER JURISDICTION.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS COMPANY AND ITS AFFILIATES, SUPPLIERS AND SERVICE PROVIDERS, AND THE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, SHAREHOLDERS, AGENTS, PARTNERS AND REPRESENTATIVES THEREOF (COLLECTIVELY, “INDEMNIFIED PARTY”), FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, LIABILITIES, DEFICIENCIES, CLAIMS, ACTIONS, JUDGMENTS, SETTLEMENTS, INTEREST, AWARDS, PENALTIES, FINES, COSTS, OR EXPENSES OF WHATEVER KIND, INCLUDING REASONABLE ATTORNEYS’ FEES, (COLLECTIVELY, “ACTIONS”), AGAINST OR INCURRED BY SUCH INDEMNIFIED PARTY, ARISING FROM OR RELATING TO YOUR ACCESS, USE OR MISUSE OF THE PRODUCTS, SERVICES, SKYHAWK CE APP, WEBSITE, OR ACCESS, USE, OR MISUSE BY ANYONE ACCESSING THE SERVICES USING YOUR ACCOUNT CREDENTIALS, OR YOUR BREACH OF THESE TERMS OF SERVICE (INCLUDING ALL TERMS, POLICIES, GUIDELINES OR RULES INCORPORATED HEREIN), AND INCLUDING BUT NOT LIMITED TO THE CONTENT YOU SUBMIT OR MAKE AVAILABLE THROUGH THE WEBSITE OR THE SKYHAWK CE APP.
YOU UNDERSTAND AND AGREE THAT YOUR INDEMNIFICATION OBLIGATION TO EACH INDEMNIFIED PARTY APPLIES EVEN IF SUCH ACTION RELATED LOSSES ARISE FROM THE NEGLIGENCE OF ANY KIND OR DEGREE, BREACH OF CONTRACT OR WARRANTY, STRICT LIABILITY, NON-COMPLIANCE WITH APPLICABLE LAW, OR OTHER FAULT OR WRONGDOING OF ANY OF THE INDEMNIFIED PARTY. HOWEVER, NOTHING CONTAINED HEREIN SHALL BE CONSTRUED TO REQUIRE ANY INDEMNIFICATION WHICH WOULD RENDER OR MAKE THIS CLAUSE, IN WHOLE OR IN PART, VOID AND/OR UNENFORCEABLE UNDER APPLICABLE LAW. FURTHER, YOUR INDEMNIFICATION OBLIGATION SHALL NOT APPLY TO ANY WILLFUL, WANTON, INTENTIONAL OR RECKLESS MISCONDUCT OF THE INDEMNIFIED PARTY, OR GROSS NEGLIGENCE OF THE INDEMNIFIED PARTY IN THOSE STATES THAT DO NOT PERMIT INDEMNIFICATION FOR GROSS NEGLIGENCE. COMPANY RESERVES THE RIGHT, AT YOUR EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER FOR WHICH YOU ARE OBLIGED TO INDEMNIFY AN INDEMNIFIED PARTY, AND YOU AGREE TO COOPERATE WITH COMPANY’S DEFENSE OF SUCH CLAIMS. YOU AGREE NOT TO SETTLE ANY SUCH CLAIM WITHOUT COMPANY’S PRIOR WRITTEN CONSENT. COMPANY WILL USE REASONABLE EFFORTS TO NOTIFY YOU OF ANY SUCH CLAIM, ACTION OR PROCEEDING UPON BECOMING AWARE OF IT.
Limitation of Liability
Nothing in these Terms Of Service and, in particular, within this “Limitation of Liability” clause, shall be interpreted or construed to limit or exclude liability that cannot be so limited or excluded under applicable law.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE WARRANTY AND OTHER DISCLAIMERS IN THESE TERMS, IN NO EVENT IS COMPANY OR ITS AFFILIATES OR LICENSORS LIABLE FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE PRODUCTS OR THE SERVICES, THE WEBSITE OR THE SKYHAWK CE APP, REGARDLESS OF: (A) WHETHER THE DAMAGES WERE FORESEEABLE; (B) WHETHER OR NOT COMPANY OR ITS AFFILIATES OR LICENSORS WERE ADVISED OF THE POSSIBILITY OF THE DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) ON WHICH THE CLAIM IS BASED, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
COMPANY’S TOTAL CUMULATIVE LIABILITY FOR ANY DIRECT DAMAGES, PROPERTY DAMAGE, PERSONAL INJURY, LOSS OF LIFE OR ANY OTHER DAMAGES NOT EXCLUDED OR PRECLUDED PURSUANT TO (A) ABOVE, ARISING FROM OR RELATED TO THE PRODUCTS OR SERVICES, THE WEBSITE OR THE SKYHAWK CE APP, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL BE LIMITED TO AN AMOUNT NEVER TO EXCEED TWO (2) TIMES THE FEES ACTUALLY PAID BY YOU TO COMPANY OR COMPANY’S AUTHORIZED RESELLER FOR THE SERVICES OR THE PRODUCT AT ISSUE IN THE PRIOR 12 MONTHS (IF ANY). COMPANY DISCLAIMS ALL LIABILITY OF ANY KIND OF COMPANY’S LICENSORS AND SUPPLIERS. UNDER NO CIRCUMSTANCES WILL COMPANY BE LIABLE IN ANY WAY FOR ANY CONTENT OF THE WEBSITE, THE SKYHAWK CE APP, OR OTHER INFORMATIONAL MATERIALS, 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, TEXTED, ACCESSED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.
YOU UNDERSTAND AND AGREE THAT THIS LIMITATION OF LIABILITY IN THIS SECTION SHALL APPLY EVEN IF COMPANY IS FOUND LIABLE FOR ANY LOSS OR DAMAGE DUE TO BREACH OF CONTRACT, BREACH OF EXPRESS OR IMPLIED OR LIMITED WARRANTY, NEGLIGENCE OF ANY KIND OR DEGREE, STRICT PRODUCT LIABILITY, SUBROGATION, INDEMNIFICATION OR CONTRIBUTION, OR ANY OTHER THEORY OF LIABILITY. HOWEVER, THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO ANY WILLFUL, WANTON, INTENTIONAL OR RECKLESS MISCONDUCT OF COMPANY OR GROSS NEGLIGENCE OF COMPANY IN THOSE STATES THAT DO NOT PERMIT LIMITATION OF LIABILITY FOR GROSS NEGLIGENCE.
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms of Service, for any failure or delay in our performance under these Terms of Service when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THE PRODUCTS OR SERVICES, OR THESE TERMS OF SERVICE OR ANY TERMS, POLICIES, GUIDELINES OR RULES INCORPORATED THEREIN, MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Dispute Resolution, Arbitration and Waivers
PLEASE READ THIS SECTION CAREFULLY. FOLLOW THE INSTRUCTIONS BELOW IF YOU WISH TO OPT OUT OF THE REQUIREMENT OF ARBITRATION ON AN INDIVIDUAL BASIS.
YOU AND COMPANY ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND COMPANY ARISING FROM OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE OR THE SERVICES OR PRODUCTS IN ANY WAY, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR COMPANY WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.
Third Party Beneficiaries
Except for an Indemnified Party’s right of indemnification set forth in these Terms of Service, and the App Store providers 3rd-party beneficiary rights set forth in the Skyhawk CE App EULA, nothing in these Terms confer any rights or remedies upon any person other than You.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOU HAVE NO CONTRACTUAL RELATIONSHIP WHATSOEVER WITH THE UNDERLYING WIRELESS SERVICE PROVIDER OR ITS AFFILIATES OR CONTRACTORS AND THAT YOU ARE NOT A THIRD PARTY BENEFICIARY OF ANY AGREEMENT BETWEEN THE COMPANY AND THE UNDERLYING CARRIER. YOU HEREBY WAIVE ANY AND ALL CLAIMS OR DEMANDS THEREFOR.
You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 0 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
Governing Law and Jurisdiction
All matters relating to the Products and Services, the Terms of Service, the Website, the Skyhawk CE App, and any terms, policies, guidelines or rules incorporated into the Terms of Service, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New Hampshire without giving effect to any choice or conflict of law provision or rule (whether of the State of New Hampshire or any other jurisdiction), and any legal suit, action or proceeding arising therefrom, or related thereto, shall be instituted exclusively in the federal or state courts of the State of New Hampshire, although Company retains the right to bring any suit, action or proceeding against you for breach of these Terms of Service in your state or country of residence or any other relevant state or country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
No waiver of by the Company of any term or condition set forth in these Terms of Service, or any of the Terms, Policies, Guidelines or Rules incorporated therein, shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Service, or under any of the Terms, Policies, Guidelines or Rules incorporated therein, shall not constitute a waiver of such right or provision.
If any provision of these Terms of Service, or in any of the Terms, Policies, guidelines or rules incorporated therein is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms of Service and will not affect the validity or enforceability of the remaining provisions of these Terms of Service.
These Terms of Service, together with all Terms, Policies, Guidelines or Rules incorporated therein, constitute the sole and entire agreement between you and the Company with respect to the Products and Services, the Skyhawk Service, the Website, the Skyhawk CE App, and all other documents and information provided by the Company, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Products and Services, the Skyhawk Service, the Website, the Skyhawk CE App, and all other documents and information provided by the Company.
To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address or SMS text number you provide; (ii) by posting to the Website; or (iii) by notifying you in the Skyhawk CE App. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email and/or SMS text address current.
To Us. To give us notice under these Terms, you must contact us as follows: (i) by facsimile transmission to [FAX NUMBER]; or (ii) by personal delivery, overnight courier or registered or certified mail to [NAME AND ADDRESS OF MANUFACTURER]. We may update the facsimile number or address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
How to Contact Us
All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set forth therein.
All other feedback, comments, requests for technical support and other communications relating to the Website, the Skyhawk CE App, and our Products and Services, should be directed to: email@example.com.
The Website and the Skyhawk CE App and Services available therethrough are operated by Pica Product Development, LLC d/b/a Skyhawk, 4 Ash Street Extension, Derry, New Hampshire 03038.
Copyright © 2019, Pica Product Development, LLC. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Services are the property of Pica Product Development, LLC or of their respective holders. You are not permitted to use any of the Marks without the applicable prior written consent of Company or such respective holders.