Last Updated: May 01, 2022
Welcome to SkedgeAlert Inc.’s marketing websites: https://skedgealert.com; https://www.skedgealert.com/customer; https://www.skedgealert.com/service/ (hereinafter the “Sites”). Please read these terms and conditions of use carefully before using or obtaining any materials, information, products, or services through these Sites. The Sites are comprised of various web pages owned and operated by SkedgeAlert, Inc., a Washington company (hereinafter “SkedgeAlert” or “we”, or “us.”). The Sites include any other sites and domains controlled by SkedgeAlert, Inc.
SkedgeAlert, Inc. Property
All rights, title, and interest in and to the Sites, and all of their content are and will remain the exclusive property of SkedgeAlert, Inc. and its licensors. The Sites and their content are protected by copyright, trademark, trade dress, patent, and other laws of both the United States and foreign countries. No logo, graphic, sound, design, text, video, or image from the Sites may be copied or retransmitted unless expressly permitted in writing by SkedgeAlert, Inc. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of SkedgeAlert, Inc.’s or its suppliers’ trade names, trademarks, copyrights or service marks without SkedgeAlert, Inc.’s express prior written consent. SkedgeAlert, Inc. logos, designs, graphics, texts, images, videos, trademarks, service marks, and product and service names are the intellectual property of SkedgeAlert, Inc.
Except as expressly permitted in these Terms, you may not reproduce, modify or prepare derivative works based upon the Sites; you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, distribute, rent, sell, lease, loan, transfer, publicly display, publicly perform, modify, transmit, or otherwise use the Sites or content, without the express prior written authorization of SkedgeAlert, Inc. You may not copy or modify the computer code used to generate web pages on the Sites. You may not use the Sites or content in connection with, any other websites, for any purpose.
The Sites may contain links to third-party websites or resources. You acknowledge and agree that SkedgeAlert, Inc. is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by SkedgeAlert, Inc. of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
The Sites are Available “AS-IS”
THE SITES, CONTENT, AND SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, SKEGDEALERT, INC. EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SKEDGEALERT, INC. OR THROUGH THE SITES, CONTENT, OR SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
You agree to defend, indemnify, and hold harmless SkedgeAlert, Inc., its officers, directors, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your improper access to or use of the Sites or Content or your violation of these Terms.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER SKEDGEALERT, INC. NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITES, CONTENT, OR SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITES, CONTENT, OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT SKEDGEALERT, INC. HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
The failure of SkedgeAlert, Inc. to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the State of Washington without regard to its conflict of law provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the state and federal courts located in Tacoma, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
These Terms are the entire and exclusive agreement between SkedgeAlert, Inc. and you regarding the use of these marketing WebSites.
If you have any questions about these Terms, please contact SkedgeAlert, Inc. at email@example.com.