San Francisco Skyline LLC Legal Disclaimer:
Terms of Use
These Terms of Use are entered into by and between You and San Francisco Skyline LLC ("Company," "we," or "us"). The following terms and conditions, along with any documents expressly incorporated by reference (collectively "Terms of Use"), govern your access to and use of all sfskyline.com and related digital activities, including, but not limited to all other sites, mobile sites, services, applications, platforms, and tools where these Terms of Use appear or are linked (collectively "Website").
ACCEPTANCE OF TERMS OF USE
By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not agree to these Terms of Use or our Privacy Policy, you may not access or use the Website.
CHANGES TO TERMS OF USE
At the Company's sole discretion, we may revise, update, modify, or discontinue any part of these Terms of Use, in whole or in part, at any time, by posting revised terms on the Website. We will notify you of such changes by posting the modified version on our Website and indicating the date it was last modified. The date these Terms of Use were last modified is at the top of this page. We encourage you to visit our Website periodically to view the latest version of these Terms of Use. All changes are effective immediately and apply to all access to and use of the Website thereafter. Your continued use of the Website after the revised Terms of Use are posted on the Website means that you accept and agree to the changes and updated Terms of Use
FEATURES PROVIDED BY THIRD PARTIES
Certain of the content, features, and functionality on the Website may be provided by third parties (collectively, "Third Party Providers"). Your use of and interaction with such content, features and functionality (collectively, "Third Party Content") may be subject to separate terms and conditions. In such an event, you acknowledge that these Terms of Use will not apply to your use of the Third Party Content and that you will be subject to and comply with the terms of use offered by such Third-Party Providers. YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE OR OTHERWISE LIABLE FOR THIRD PARTY CONTENT OR THE ACTS OR OMISSIONS OF THIRD PARTY PROVIDERS AND THAT ANY CLAIMS OR OTHER CAUSES OF ACTION AVAILABLE TO YOU IN CONNECTION WITH EITHER OF THE FOREGOING WILL BE BROUGHT AGAINST THE APPLICABLE THIRD PARTY PROVIDER(S) AND NOT US.
USE OF THE WEBSITE
If you choose or are provided with, a user name, password or any other information as part of our secure account registration, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge and agree that your account is personal to you and that you are responsible for all activity that occurs through your account. If any unauthorized access to or use of your user name or password or any other breach of security occurs, you must notify us immediately. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any user name, password or another identifier, whether chosen by you or provided by us, block access to our Website or refuse service to you at any time at our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use
INTELLECTUAL PROPERTY
All trademarks, logos, and service marks displayed on the Website are registered and unregistered trademarks of the Company, its affiliates, licensors, content providers or other third parties. All of these trademarks, logos, and service marks are the property of their respective owners. You may not use such marks without the prior written permission of the Company, or the owner of the marks. We reserve all rights not expressly granted in and to the Website and its content. This Website and all of its content, including but not limited to text, design, graphics, interfaces, and code, and the selection and arrangement thereof (collectively, "Content"), is owned by Company and its licensors and protected by the U.S. and international copyright laws. All products displayed on our Website are protected by copyright and/or patents owned by the Company and its licensors.
LIMITED LICENSE
Company grants you a limited license to access and make personal use of the Website and Content for your personal, noncommercial use and only to the extent that such use does not violate these Terms of Use. You may not use any trademarks, logos, service marks, or Content on this Website for commercial use without obtaining prior written authorization from the Company. If you wish to make any use of material on the Website other than as expressly permitted in this section, please send your request by contacting us at support@sfskyline.com.
PROHIBITED USES
You agree not to use the Website:
• In any way that violates any applicable federal, state, local, or
international law or regulation (including, without limitation, any
laws regarding the export of data or software to and from the
United States or other countries).
• To transmit, or procure the sending of, any advertising or
promotional material, without our prior written consent.
• To engage in any other conduct that restricts or inhibits
anyone's use or enjoyment of the Website, or which, as
determined by us, may harm the Company or users of the
Website or expose them to liability
• In any manner that could disable, overburden, damage, or
impair the site or interfere with any other party's use of the
Website, including their ability to engage in real-time activities
through the Website.
• In any attempt to gain unauthorized access to, interfere with,
damage or disrupt any parts of the Website, the server on which
the Website is stored, or any server, computer or database
connected to the Website.
• In any attempt to interfere with the proper working of the
Website.
LINKING TO THE WEBSITE
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage, disparage, or take advantage our reputation, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
ONLINE PURCHASES
If you choose to purchase any goods or services made available through the Website (each such purchase, a "Transaction"), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION.
By submitting such information, you grant the Company the right to provide such information to third parties for purposes of facilitating the completion of any Transaction initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
Buyer bears responsibility to ascertain and comply with all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from this Website. By placing an order, you represent that the products ordered will be used only in a lawful manner. Company reserves the right, with or without prior notice, to: (i) limit the available quantity of or discontinue any goods or services; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and/or (iv) refuse to provide any user with any product or service. You agree to pay all charges that may be incurred by you or on your behalf through the Website, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
PRODUCT DESCRIPTION
All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Website are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Website does not guarantee that these products or services will be available.
NO RETURNS; ALL SALES ARE FINAL ALL SALES ARE FINAL.
If necessary, Seller shall accommodate one request for a re-sizing of the Goods by Buyer if made within 30 days of the execution of this Agreement.
DISCLAIMER OF WARRANTY/LIMITATION OF LIABILITY
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE COMPANY SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL‐OF‐SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
THE COMPANY (INCLUDING ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SUBCONTRACTORS, ALL OF WHICH ARE REFERRED TO HEREIN COLLECTIVELY AS THE "COMPANY AFFILIATES") SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCE TO YOU OR ANY OTHER PARTY FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE, THE GOODS PURCHASED FROM THE WEBSITE, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF THE GOODS OR ANY EQUIPMENT, COST OF CAPITAL, COST OF SUBSTITUTE OR REPLACEMENT EQUIPMENT, FACILITIES OR SERVICES, DOWNTIME, BUYER'S TIME, LOST DATA, INJURY TO PROPERTY OR ANY DAMAGES OR SUMS PAID BY BUYER TO THIRD PARTIES, EVEN IF THE COMPANY OR ANY OF THE COMPANY AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER ANY CLAIM IS BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE.
IN NO EVENT SHALL THE COMPANY OR ANY COMPANY AFFILIATE BE LIABLE TO BUYER OR ANY OTHER PARTY FOR LOSS, DAMAGE, OR INJURY OF ANY KIND OR NATURE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS IN EXCESS OF THE NET PURCHASE PRICE OF THE GOODS ACTUALLY DELIVERED TO AND PAID FOR BY BUYER HEREUNDER.
THE COMPANY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT WITH RESPECT TO THE GOODS AND NEITHER THE COMPANY NOR ANY COMPANY AFFILIATE SHALL HAVE ANY DUTY TO DEFEND, INDEMNIFY, OR HOLD HARMLESS YOU FROM AND AGAINST ANY OR ALL DAMAGES OR COSTS
INCURRED BY YOU ARISING FROM THE INFRINGEMENT OF PATENTS OR TRADEMARKS OR VIOLATION OF COPYRIGHTS BY ANY OF THE GOODS.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.
NO WAIVER OF RIGHTS
Any waiver by either you or the Company of any provision or condition of the Terms of Use shall not be construed or deemed to be a waiver of any other provision or condition of the Terms of Use.
DISPUTE RESOLUTION
In the event of any controversy or dispute between you and the Company arising out of or in connection with the sale of the Goods or these Terms of Use, you expressly waive your rights to a jury trial and to have the dispute resolved in court. Instead, the Parties shall attempt, promptly and in good faith, to resolve the dispute. If the Parties are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit the dispute to mediation. If the dispute cannot be resolved through mediation then the dispute shall be resolved through confidential binding arbitration held in San Francisco, California in accordance with the Streamlined Arbitration Rules and Procedures ("Rules") of the Judicial Arbitration and Mediation Services ("JAMS"), which are available on the JAMS website and hereby incorporated by reference. The Parties either acknowledge and agree that they have read and understand the rules of JAMS or waive their opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
GENERAL
If there is any inconsistency between these Terms of Use and any other agreement included with or relating to the Goods or your use of the Website, these Terms of Use shall govern. Any additional or altered terms attached to any order submitted by you shall be null and void unless expressly agreed to in writing by the Company. If any term contained in these Terms of Use is illegal or unenforceable, the legality and enforceability of the remaining provisions shall not be affected or impaired. This Agreement shall be interpreted under the laws of the State of California, without giving effect to conflicts-of-law rules; and in the event of a dispute under this
Agreement; Buyer submits to the exclusive jurisdiction and venue of the courts of the state of California and hereby waives any objection to such jurisdiction and venue.
CONTACT
If you have any questions or comments about these Terms of Use or this Website, please contact us at support@sfskyline.com