Terms of Use and Service Agreement

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS SITE OR THE SERVICES OR PARTS THEREOF. THIS AGREEMENT IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND SKYCLIENT, AND CONTAINS IMPORTANT INFORMATION CONCERNING YOUR LEGAL RIGHTS. YOUR USE OF SKYCLIENT.COM CONSTITUTES YOUR AGREEMENT TO THIS ENTIRE AGREEMENT.

WHAT SKYCLIENT IS:
The skyclient.com website (the "Site") is comprised of various web pages operated by SkyClient, LLC ("SkyClient"). The Site is a Software as a Service site (SAAS), through which SkyClient provides a client relations and practice management platform for attorneys and law firms (the "Services").

USERS' ACKNOWLEDGEMENT AND AGREEMENT TO TERMS OF AGREEMENT
By accessing, viewing or using the Site, or by using the Services, you acknowledge that you have read, understand, and agree to the terms contained within the Terms of Use and Services Agreement ("Agreement").

This Agreement, and the Privacy Policy found on this Site and incorporated herein by reference, set forth the legally binding terms for your accessing this Site, and your use of the Services, and are in addition to any specific terms and conditions that apply to any other particular services you may purchase or access through this Site. If you do not agree with the terms contained within this Agreement, do not access or use the Site or the Services.

If you sign up for additional services that are governed by additional terms and conditions, we will inform you accordingly when you sign up for these additional features and services. Unless otherwise provided by the additional terms and conditions, they are hereby incorporated into this Agreement by reference.

GENERAL DEFINITIONS: As used throughout this Agreement and Privacy Policy, the terms "we," "us," or "our" shall refer to SkyClient, SkyClient.com, SkyClient, LLC, its directors, officers, employees, members, agents, subsidiaries, and affiliates. Likewise, when used throughout this Agreement, the term "SkyClient" shall refer to SkyClient.com, SkyClient, LLC, and its directors, officers, employees, members, agents, subsidiaries, and affiliates, and where applicable, shall refer to the Services and platform itself.

The terms "you," "your," "User," or "Users" as used in this Agreement and Privacy Policy shall refer to any individual or any entity who accesses, views, or uses this Site or the Services (regardless if you are using the Site and Services as a general user, a Primary User, or Administrator), as well as the subscribing firm or company ("Subscriber") for which the Site is accessed and the Services are used.

"Content Information" also known herein as simply "Content" shall mean all data and information entered into the SkyClient system by a User using the Site and Services, including, but not limited to any work of authorship, images, photos, drawings, data, comments, notes, opinions, postings, messages, text, files, e-mail, or any other information, regarding the User's clients, files, matters, areas of practice, sales, retention, referrals, leads, marketing, etc.

"Account Information" also known as "Personal Information" shall mean all information entered into the system by a User about the User, himself or herself, as well information about, as the User's firm or company.

LIMITED NON-EXCLUSIVE LICENSE
You are granted a revocable, non-exclusive, non-transferable, non-assignable, limited license to access, view, and use the Site and Services strictly in accordance with the terms of this Agreement. Although we may freely assign this Agreement, you may not assign or otherwise transfer your Account to any other person or entity. You agree that no joint venture, partnership, employment, or agency agreement exists between you and SkyClient as a result of this Agreement or your use of the Site or Services. TERM
This Agreement shall remain in full force and effect while you are accessing, viewing, or using this Site and Services.

SKYCLIENT ACCOUNT
All of the Services, including any free trial period, are on a subscription basis and require an account be created on the Site ("Account").

ELIGIBILITY AND AUTHORITY
By creating or using an Account, you represent and warrant that:
(i) all registration information you submit is truthful and accurate;
(ii) you will maintain and regularly update your registration information to keep it accurate and correct;
(iii) you are eighteen (18) years of age or older upon registration;
(iv) you have authority, if signing up and using the Services on behalf of a company, to act on behalf of the company and legally bind it; and
(iv) your use of the Account and Services does not violate any applicable law or regulation, or any other obligation (including contractual obligation) you might have towards third parties.


Any Account you have created on the Site may be deleted (including any Content you have provided in connection with such Account) without warning if we believe that any representation and warranty you make concerning the above (i)-(iv) is breached or inaccurate.

USERNAME AND PASSWORD
When you sign up to become a Subscriber or are signed up as a User of an Account, you will be asked to choose a username and password for your Account. The username shall only be used by the person to whom it is assigned. All passwords that are stored within SkyClient are encrypted. However, you are entirely responsible for maintaining the confidentiality of your Account, your username, and password. You are also responsible for restricting access to your computer, smartphone, tablet, or any other device upon which you use the Services and access the Site. You agree to accept responsibility for all activities that occur under your Account, username, and password. You agree not to use the Account, username, or password of any other User at any time. You agree to notify us immediately if you suspect any unauthorized use of your Account, or access to your password, or if your username and password have been lost, misplaced, or otherwise compromised. You are solely responsible for any and all use of your Account. You acknowledge that SkyClient is not responsible for third-party access to your account that results from theft or misappropriation of your account, username, or password.

TERMINATION
If you have the appropriate permissions, you may delete your Account or terminate your Account at any time, for any reason or no reason at all, by selecting the respective option in the settings of your Account. However, if you delete your Account but continue to access the Site or use the Services in any way, you will still be subject to this Agreement.

We may terminate your Account, your right to access the Site, or use the Services, for any reason, or for no reason at all, at any time, and without notice to you, by ceasing to provide the Services to you. We may also, without limiting ourselves to any other remedy, cancel, discontinue, suspend, terminate, or block you and your access to this Site or your Account at any time and within our sole discretion and without any notice to you. We further reserve the right to refuse service to you or anyone in our sole discretion.

You understand that termination of this Agreement and the Account you have created with us may involve deletion of your Content and your Account Information from our live databases. We will not have any liability whatsoever to you for any termination of your Account or related deletion of your Account or Content or Account Information. We may, in our sole discretion, terminate your Account (or any part thereof) or your use of the Service (or any part thereof), and remove and discard any Content and Account Information at any time, without notice, for any reason, or no reason at all, including, but not limited to:
(i) conduct that violates this Agreement or any other policies or guidelines set forth by us anywhere else within the Site, or
(ii) conduct we believe is harmful to other Users, the business of SkyClient, or SkyClient Affiliates.


We will not be liable to you or any third-party for any termination of your Account, access to the Site or to our Services, or for the removal or deletion of your Content and Account Information.

PAYMENT TERMS AND SUBSCRIPTION
Subscribers will not be billed for any Services until the end of the free trial period. At the end of the free trial period, Subscribers will be billed for the amount of the time stated in their Subscription (of which they agreed to in purchasing the Services). If a Subscriber cancels their Subscription prior to the end of their free trial period, they will not be billed. Recurring payments will be made at the end of each Subscription Period for the upcoming Subscription Period. SkyClient does not charge any tax on providing its Services, nor pay any tax on behalf of the Subscriber for its use of the Services. However, Subscriber is responsible for and has the legal obligation to pay for any taxes which may be due under its jurisdiction's laws, if any, for its purchase and use of the Services.

REFUND POLICY
A Subscriber may cancel their Subscription at any time. If the Subscription is canceled in the middle of a Subscription Period, their Account will remain active until the end of the then-current Subscription Period. If a Subscriber cancels their Subscription in the middle of a Subscription Period, they will not be billed further; however no refunds or credits will be given for time remaining in the Subscription Period. No refunds or credits will be given or applied for partial Subscription Periods, or for the general non-use of an Account.

OWNERSHIP – INTELLECTUAL RIGHTS
A. Services and SkyClient Content
You acknowledge that all ownership, license, intellectual property, and other rights in the Services and the content we provide on the Site are owned by SkyClient ("SkyClient Content"). You agree not to reproduce, modify, publish, transmit, distribute, duplicate, copy, reverse engineer, publicly perform or display, exploit, frame, mirror, or create derivative works based on the Site or Services (or any part thereof), and you agree not to rent, lease, loan, transfer, sell, or resell access to the Site or Services (or any part thereof). SkyClient Content and the Services are not for resale. Your use of the Site does not entitle you to make any unauthorized use of any SkyClient Content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any SkyClient Content. You will use SkyClient Content solely for your personal use, and will make no other use of SkyClient Content without express written permission of SkyClient. You agree that you do not acquire any ownership rights in any of the SkyClient Content. We do not grant you any licenses, express or implied, to the intellectual property of SkyClient or our licensors, except as expressly authorized by this Agreement.

You agree that all information, including all SkyClient Content, obtained by accessing, viewing, or using the Site or Services is our Confidential Information, and you agree that you shall not use or disclose any of our Confidential Information for any purpose, except in using our Services.

B. Content. "Content Information," aka "Content," as defined above is all information entered into the SkyClient system by a User using the Site and Services, including, but not limited to information, regarding the User's clients, files, matters, areas of practice, sales, retention, referrals, leads, marketing, etc. We do not preapprove, or prescreen, any Content entered or uploaded by you. All Content entered or uploaded to the Site by you shall remain your property. However, during your use of the Services, you grant us a non-excusive, royalty-free right to use the Content for the purpose of performing our duties to you under this Agreement. You also grant us the right to use such information to generate and publish reports for our use including generating and publishing reports regarding the system, system usage, our user base, user trends, and to assist us in the refinement of services and meeting user needs. You shall be solely responsible for the accuracy and adequacy of all of the Content provided by you in your use of the Site and Service. We have no liability for the Content, and we do not claim any intellectual rights to said Content. C. Storage, Backups, and Data Export. We store all Content on fully managed servers located within the United States of America, with redundant storage systems and automatic backups. Backups are created at least daily and are maintained for at least two (2) weeks. Subscribers are able to export data from within the SkyClient platform in a standard format that is compatible with most software databases.

ACCEPTABLE USE AND CONDUCT
A. Interaction with Other Users. You are solely responsible for any and all Content that is posted through your Account on the Site and for all interactions with all other Users. Your interactions with all other Users are solely between you and the other Users and not between you and SkyClient. You agree that we are not responsible for any loss, injury, or damage, of any kind, incurred as the result of any dealings or interactions between you and other Users, including the User's use or disclosure of information about you or Content that you have provided in your use of the Services. If there is a dispute between you and any third party, including any User, which at all relates to or stems from your use of the Site and Services, we are under no obligation to become involved; however, we reserve the right, but have no obligation, to monitor disputes between you and other Users.

B. Prohibited Use
You agree that you will not post, display, transmit, or otherwise communicate any Prohibited Content or use any Prohibited Content in connection with the Services. Under this Agreement, "Prohibited Content" is Content that SkyClient believes:
(i) is offensive or promotes racism, bigotry, obscenity, hatred or physical harm of any kind against any group or individual, or is pornographic or sexually explicit in nature;
(ii) bullies, threatens, harasses or advocates stalking, bullying, or harassment of another person;
(iii) involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing, or "spamming,";
(iv) is false or misleading or promotes, endorses or furthers illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
(v) promotes, copies, performs, or distributes any material subject to copyright, trademark, trade secret, or other laws protecting any materials or data of others in the absence of a valid license or other right to do so;
(vi) is involved in the exploitation of persons under the age of eighteen (18) in a sexual or violent manner, or solicits personal information from anyone under eighteen (18);
(vii) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses, replicating computer programs, and destructive and other harmful code;
(viii) solicits or discloses personally identifying information of others, including passwords for commercial or unlawful purposes;
(ix) contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, corrupt code, or similar software;
(x) contains otherwise unlawful information;
(xi) encourages any illegal activity;
(xii) links to any of the Prohibited Content described in (i) - (xi) above; or
(xiii) otherwise violates the terms of this Agreement, is unlawful, or creates liability for us.


C. Representations Regarding Your Content
You represent and warrant that you own the Content posted by you on the Site or otherwise have and that your Content does not violate the rights, including privacy rights, publicity rights, or copyright rights of any person.

D. Enforcement by SkyClient
Any use of the Site or Services in violation of this Agreement may result in, among other consequences, termination or suspension of your rights to use the Services. We may disclose information about your use of the Services in accordance with our Privacy Policy. We reserve the right (but have no obligation), in our sole discretion, to investigate, terminate your Account, report you to law enforcement authorities, or take appropriate legal action against you if we believe that you violate this Agreement, and we may also review, delete, or modify any Content that in our sole discretion violates this Agreement or which is Prohibited Content, or may otherwise violate the rights, harm, or threaten the safety of any User or any other person, or create liability for us or any User. E. Lawful Use
You will use the Site and Services in a manner consistent with any and all applicable laws and regulations and solely for lawful purposes. You also agree that you will not impersonate, or attempt to impersonate, another User or account holder in your use of the Site and Services.

F. No Disruption or Interference by You
You will not:
(i) interfere with, disrupt, impair, or create an undue burden on the Site, Services, or the networks or services connected to the Site and Services;
(ii) introduce software or automated agents, including mechanical, programmatic, robotic, or scripted, to the Services, or access the Service so as to produce multiple accounts, generate automated messages, or to strip or mine data from the Site or Services;
(iii) interfere with, disrupt, modify, reverse engineer, or tamper with any data or functionality of the Site or Services;
(iv) use the Site or Services in a manner which could damage or disable the Site,
(v) interfere with any other party's use and enjoyment of the Site or Services, or
(vi) obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this Site.


Each of the above actions identified immediately above in (i) through (vi) are strictly prohibited.

THIRD PARTIES
A. Third Party Websites
The Site may contain links or connections to third party websites ("Third Party Websites"). You use all such links or connections to Third Party Websites at your own risk. We do not monitor or have any control over, and make no claim or representation regarding Third Party Websites, and we are not responsible for the contents of any Third Party Website, including without limitation any link contained within such Third Party Website, or any changes or updates to any such Third Party Website. Any such Third Party Websites provided by us are provided only as a convenience to our Subscribers, and such link or connection to a Third Party Website does not imply our endorsement, adoption, or sponsorship of, or association with, such Third Party Websites or their operators and owners. When you leave our Site, our terms and policies no longer govern.

B. Third Party Services
Certain services made available via the Site are delivered by Third Party Websites. By using any product, service, or functionality originating from the Site, you hereby acknowledge and consent that SkyClient may share such information and data with any third party with whom SkyClient has a contractual relationship to provide the requested product, service, or functionality on behalf of SkyClient, or users, and customers.

C. Third Party Content. Content from other third parties is made available to you through the Site. Because we do not control such Content, you agree that we are not responsible for any such Content and that we make no guarantees about the accuracy, currency, suitability, or quality of Content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by other third parties.

D. Third Party accounts
You will be able to connect your SkyClient account to Third Party Websites and service providers. By connecting your SkyClient account to Third Party Websites and service providers, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settlings on those Third Party Websites). Your use of these Third Party Websites and features is your consent to our release of your information and Content. If you do not want information about you to be shared in this manner, do not use this feature.

DISCLAIMERS
A. DISCLAIMER OF WARRANTIES
THIS SITE AND THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OR CONDITION OF ANY KIND. YOUR USE OF THE SITE AND SERVICES ARE AT YOUR OWN RISK. TO THE FULLEST EXTENT ALLOWABLE BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS, OF ANY KIND, WHETHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUALITY, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT.

WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE SERVICES, THE INFORMATION, SOFTWARE, PRODUCTS, AND RELATED GRAPHICS AND INFORMATION CONTAINED WITHIN THE SITE FOR ANY PURPOSE. WE FURTHER MAKE NO WARRANTY THAT:
(i) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS;
(ii) THE SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS;
(iii) THE SERVICES WILL BE COMPATIBLE WITH YOUR ELECTRONIC EQUIPMENT, COMPUTERS, NETWORKS, MOBILE DEVICES, ETC., OR
(III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE, DESIRED, OR RELIABLE.

YOU SHALL BE RESPONSIBLE FOR YOUR OWN TECHNOLOGY. WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITIES RELATING TO, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY AND ALL DAMAGES AND LOSS INCURRED BY YOU WHICH OCCURS DIRECTLY, OR STEMS FROM, YOUR TECHNOLOGY, TECHNOLOGICAL KNOW-HOW (OR LACK OF), HARDWARE, SOFTWARE, ELECTRONIC EQUIPMENT, COMPUTERS, COMPUTER SYSTEMS, MOBILE DEVICES, AND NETWORK SYSTEMS.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.


B. Disclaimer Regarding Content
We are not responsible for any incorrect or inaccurate Content, including errors, omissions, inaccuracies, or outdated information, posted on the Site, whether caused by Users or by any of the equipment or programming associated with or utilized in the Services. We do not warrant the reliability of any statement or other information displayed on or distributed through this Site. We are not responsible for the conduct, whether online or offline, of any User of the Site or Services. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication with other Users. Under no circumstances shall we be responsible for any loss or damage resulting from any Content posted on the Site. We are not responsible for any problems or technical malfunction of any hardware and software due to technical problems on the Internet or at the Site or combination thereof, including any damage to any person's computer related to or resulting from participation or downloading materials in connection with the Site or Services. We reserve the right to, in our sole discretion, to correct any errors or omissions in any portion of the Site and Services, and to make any other changes to this Site and the Services without notice.

C. Legal Disclaimer. Our Services do not include legal advice of any kind. We do not provide legal advice and we do not engage in the practice of law. We are not responsible for the accuracy or thoroughness of the Content you enter (or fail to enter) in your use of the Services, including, but not limited to, statutes of limitation, filing deadlines, or filing requirements, nor are we responsible for any communication (or lack of) between you and your clients or other Users and your handling of your matters.

LIMITATION ON LIABILITY
WE SHALL HAVE NO OBLIGATION AND SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGE, LOSS, EXPENSE, OR FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, OR OTHER DAMAGES, LOSS, OR EXPENSES (INCLUDING, BUT NOT LIMITED TO, ATTORNEY FEES) WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, INTERRUPTION OF BUSINESS, LOSS OR CORRUPTION OF DATA, OR LOSS OF GOODWILL, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE (OR MISUSE) OF THE SITE OR SERVICES, THE PERFORMANCE OF THE SITE OR SERVICES, FOR ANY DELAY OR INABILITY TO USE THE SITE OR SERVICES, OR ANY INTERRUPTION, INACCURACY, ERROR, OMISSION, OR FAILURE TO PROVIDE SERVICES, REGARDLESS OF CAUSE, WHETHER ARISING IN CONTRACT, WARRANTY, TORT, INCLUDING NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, OR OTHERWISE, WHETHER THOSE DAMAGES ARE FORESEEABLE OR NOT, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ADDITION, YOU SPECIFICALLY AGREE AND ACKNOWLEDGE THAT IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE PARTICULAR SERVICES YOU HAVE PAID FOR WITHIN THE TWELVE MONTH PERIOD BEFORE THE DATE THE CLAIM AROSE.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THE SERVICES, OR WITH ANY OF THE TERMS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.


MISCELLANEOUS
A. Amendments and Changes to Agreement, Site, and Services
The terms of this Agreement may be changed or updated at any time, for any reason or no reason at all, and without notice to you. Such changes and updates shall be made in our sole discretion. Therefore, you should, and we strongly advise you to, periodically check and review the Agreement to stay informed of our updates and to make sure you are aware of the latest version of the Terms of Use and Service Agreement. The most current version of this Agreement will supersede all previous versions.

We reserve the right to temporarily limit or suspend your access to the Service for maintenance and operational purposes. These purposes may include updates, upgrades, and repairs, etc.

Modifications, changes, and improvements will be periodically made to the Site and Services, by us, without any notice to you. We may also discontinue any feature of the Service, at any time, without notice to you.

B. Force Majeure
Any delay in the performance of any duties or obligations of either party will not be considered a breach of this Agreement if such delay is caused by a labor dispute, shortage of materials, fire, earthquake, flood, natural disaster, war, terrorism, governmental act, failures of common carriers (including Internet Service Providers), acts of the Gods, or any other event beyond the control of such party, provided that such party uses reasonable efforts, under the circumstances, to notify the other party of the circumstances causing the delay and to resume performance as soon as possible.

C. Indemnity
You agree to defend, indemnify, and hold us, our successors, subsidiaries, affiliates, officers, directors, members, agents, employees, third parties, and other partners, harmless from and against any and all claims, losses, costs, demands, and expenses, including reasonable attorney fees, arising out of or related in any way to your use of (or inability to use) the Site or the Services, any postings made by you, your violation or breach of any term or provision of this Agreement, or your violation of any rights of a third party, or your violation of any laws, rules, or regulations. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.

D. Survival
This Agreement, to the fullest extent possible, shall survive expiration, cancelation, or termination of this Agreement for any reason. Moreover, if any paragraph, clause or provision of this Agreement shall be held invalid or unenforceable by a court of competent jurisdiction, the invalidity or unenforceability of such paragraph, clause or provision shall not affect the validity and enforcement of any of the other provisions of this Agreement, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.

E. Statute of Limitations
You specifically agree and acknowledge that any cause of action arising out of or related to the Site or the Services must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action will be barred forever.

F. Governing Law
This Agreement shall be governed by the laws of the State of Michigan, United States of America (USA), without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You agree to submit to the personal jurisdiction of the State courts located within County of Ottawa and the Federal courts in the Western District of Michigan. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect our intellectual property rights in any court of competent jurisdiction. Use of the Site and Services is strictly unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement.

G. Users Outside of the United States
The Site and Services are controlled, operated, and administered by SkyClient from our offices within the United States of America (USA). If you access the Site or Services from a location outside of the United States, you are responsible for compliance with all local laws. You agree that you will not use the Site or the Services in any manner prohibited by any applicable laws, restrictions, or regulations. Further, if you are accessing this Site from a country other than the United States, your communications with us may result in the transfer of Content, Account Information, and other data and information across international boundaries, as our servers are located within the United States. Therefore, by accessing, viewing, or using this Site or the Services outside of the USA, you consent to such transfers.

H. Entire Agreement
This Agreement constitutes the entire agreement between you and us regarding the access and use of the Site and Services. This Agreement supersedes all prior and contemporaneous communications and proposals, whether written, oral, or electronic, between you and us with respect to this Site and the Services. By accessing, viewing, or using the Site and Services you are accepting the terms of this Agreement in their entirety and agree to be bound by them. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records generated and maintained in printed form. It is the express wish of the parties to this Agreement that this Agreement and all related documents and dealings be in the English language.

I. No Waiver
Failure by SkyClient to exercise or enforce any term or condition of this Agreement shall not constitute a waiver of such term or condition. Moreover, one (1) or more waivers of any right or provision by SkyClient shall not be construed nor operate as a waiver of any such right or provision. Any failure by us to enforce any term of this Agreement shall not be deemed a waiver of the enforcement of that or any other term or provision of this Agreement, nor shall any acceptance of a partial payment of a Subscription amount be deemed a waiver by us of our right to the full amount of the Subscription amount due.

J. Headings and Titles
The headings and section titles in this Agreement are for convenience only and have no legal or contractual effect. The headings and section titles are in no way to be construed as a limitation on the scope of the particular paragraph to which they refer.

K. Misc. Terminology and Definitions. Vocabulary herein using the masculine shall be deemed to include the feminine, and vocabulary in the singular shall be deemed to include the plural of all provisions, and vice versa, if the context shall so require. As used in the Agreement:
(i) "Including" means "including, but not limited to" and the word "includes" means "includes, but is not limited to."
(ii) "Subscriber" is the actual customer of SkyClient, which subscribes, receives, and pays for the Services offered through the Site.
(iii) "Administrator" is the User of the Subscriber who can administer and manage the Services of the Subscriber and who dictates management permissions. A Subscriber can have multiple Administrators. Administrators can add additional Users to the Site to use the Services. Only Administrators can create, edit, and delete other Users and settings for the Subscriber.
(iv) "Primary User" is a special type of Administrator. If a Subscriber only has one (1) User, that user will be the Primary User and Administrator. A Primary User has all administrative privileges, which cannot be deleted or removed by another User. In addition, the Primary User, himself or herself, cannot be deleted by another User. When someone signs up for the Services, they, by default, become the Primary User.
(v) "Subscription" means the actual agreement by the Subscriber in paying for the Services, in advance, for a particular period of time ("Subscription Period").


L. Copyright and Trademark Information
Copyright © 2015, SkyClient®. All rights reserved. All content included as part of the Site and Services, such as text, graphics, logos, images, as well as compilation thereof, and any software used on the Site, is the property of SkyClient, or its suppliers, and is protected by copyright and other laws that protect intellectual property and proprietary rights. The trademarks, logos, and service marks ("Marks") displayed on the Site and Services are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party owners of the Marks. You further agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.

ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES
By accessing, viewing, or using the Site or Services, or by emailing SkyClient, you consent to receive electronic communications from SkyClient, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email or on this Site, satisfy any legal requirement that such communication be in writing. You further agree to be bound by any affirmation, assent, or agreement you transmit through this Site, including any consent you give to receive communications from us solely through electronic transmission or consent to receive and pay for Services. You agree that when you click on an "I agree," "I consent," or other similarly worded button or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.

CONTACT US
We welcome your questions and comments regarding this Agreement:
SkyClient, LLC
41 Washington Avenue, Suite 395
Grand Haven, Michigan 49417
Telephone: 800-759-4549
Email: support@skyclient.com


This Agreement is made effective as of the date of electronic acceptance.

Revised and Effective May 1, 2015
Copyright © 2015, SkyClient®. All Rights Reserved.