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TERMS OF USE

AGREEMENT TO OUR LEGAL TERMS

We are Skylar Evans ("Company," "we," "us," "our"), a company registered in United States at __________, __________.

We operate the website http://www.skylarevans.com (the "Site"), the mobile application __________ (the "App"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").

You can contact us by phone at 4342825983, email at info@skylaraevans.com, or by mail to __________, __________, United States.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Skylar Evans, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

We will provide you with prior notice of any scheduled changes to the Services you are using. The modified Legal Terms will become effective upon posting or notifying you by info@skylaraevans.com, as stated in the email message. By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified terms.

We recommend that you print a copy of these Legal Terms for your records.

TABLE OF CONTENTS

  1. OUR SERVICES

  2. INTELLECTUAL PROPERTY RIGHTS

  3. USER REPRESENTATIONS

  4. USER REGISTRATION

  5. PROHIBITED ACTIVITIES

  6. USER GENERATED CONTRIBUTIONS

  7. CONTRIBUTION LICENSE

  8. MOBILE APPLICATION LICENSE

  9. SERVICES MANAGEMENT

  10. PRIVACY POLICY

  11. TERM AND TERMINATION

  12. MODIFICATIONS AND INTERRUPTIONS

  13. GOVERNING LAW

  14. DISPUTE RESOLUTION

  15. CORRECTIONS

  16. DISCLAIMER

  17. LIMITATIONS OF LIABILITY

  18. INDEMNIFICATION

  19. USER DATA

  20. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

  21. MISCELLANEOUS

  22. COMMUNITY GUIDELINES

  23. CONTACT US

 

1. OUR SERVICES

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

2. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties around the world.

The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use or internal business purpose only.12

 

Your use of our Services34

 

Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocable license to:5678

 

  • access the Services; and9101112
     

  • download or print a copy of any portion of t13he Content to which you have properly gained access,1415
     

solely for your personal, non-commercial use or internal business purpose.1617

 

Except as set out in this section or elsewhere in our Legal Terms, no par18t of the S19ervices and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

 

If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: info@skylaraevans.com. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.20

 

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

Your submissions

Please review this section and the "PROHIBITED ACTIVITIES" section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.2122

 

Submissions: By directl23y sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. Yo24u agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, 25without acknowledgment or compensation to you.2627

 

You are responsible for what you post or upload: By sendi28ng us Submissions through any part of the Services you:29

 

  • confirm that you have read and agree with our "PROHIBITED ACTIVITIES" and will30 not post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misl31eading;3233
     

  • to the extent permissible by applicable law, waive any and all moral rights to any such Submission;3435
     

  • warrant that any such Submission are original to36 you or that you have the necessary rights and licenses to submit such37 Submissions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions; and
     

  • warrant and represent that your Submissions do not constitute confidential information.3839
     

You are solely responsible for your Submissions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual propert40y rights, or (c) applicable law.41

 

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not a minor in the42 jurisdiction in43 which you reside, or if a minor, you have received parental permission to use the Services; (5) you will not acc44ess the Services through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use th45e Services for any illegal or unauthorized pur46pose; and (7) your use of the Services will not violate any applicable law or regulation.

 

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).47

 

4. USER REGISTRATION48

You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We res49erve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.505152

 

5. PROHIBITED53 ACTIVITIES5455

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not56 be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.575859

 

As a user of the Services, you agree not to:606162

 

  • Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory w63ithout written permission from us.6465
     

  • Trick, defraud, or mislead us and other users, especially in any attempt to 66learn sensitive account information such as user passwords.676869
     

  • Circumvent, disabl70e, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or e71nforce limitations on the use of the Services and/or the Co72ntent contained therein.73
     

  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.74
     

  • Use any information obtained from the Services in order to harass, abuse, or harm another75 person.
     

  • Make improper use of our support services or submit false reports of abuse or misconduct.

  • Use the Services in a manner inconsistent with any applicable laws or regulations.

  • Engage in unauthorized framing of or linking to the Services.76
     

  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted us77e and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or 78maintenance of the Services.798081
     

  • Engage in any automated use of the system, such as using scripts to send comments or messages, or using a82ny data mining, robots, or similar data gathering and extraction tools.8384
     

  • Delete the copyright 85or other proprietary rights notice from any Content.86
     

  • Attempt to impersonate another user or person or use the username of another 87user.
     

  • Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar d88evices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").8990
     

  • Interfere with, disrupt, or create an undue burden on the Services or the networks or ser91vices connected to the Services.92
     

  • Harass, annoy, intimidate, or threaten an93y of our employees or agents engaged in providing any portion of the Services to you.
     

  • Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.

  • Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

  • Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.

  • Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.94959697
     

  • Use a buying agent or purchasing agent to98 make purchases on the Services.99100101
     

  • Make any unauthorized use of the Services, including collecting usernames and/or ema102il addresses of users by electronic or other means for the purpose of sending unsolicited email, or cr103eating user accounts by automated means or under false pretenses.104105
     

  • Use the Services a106s part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commerci107al enterprise.
     

  • Use the Services to advertise or offer to sell goods and services.

  • Sell or otherwise transfer your profile.

  • Use to slander and claim false accusations without substantial evidence from a government run source.108109
     

  • Use to harass, humiliate, intimidate or belittle.110111
     

  • Use to copy or imitate.112113
     

6. USER GENERATED CONTRIBUTIONS114115

The Services does not offer 116users to submit or post content. We may provide you with the opportunity to create, subm117it, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Services and thr118ough third-party websites. When you create or make availa119ble any Contributions, you thereby represent and warrant that:120121

 

  • The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributi122ons do not and will not infringe the proprietary rights, including but not limite123d to the copyright, patent, trademark, trade secret, or moral rights of any third party.124
     

  • You are the creator and owner of or have the necessary licenses, rights, consents, releases125, and permissions to use and to authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Leg126al Terms.127128
     

  • You have the wri129tten consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness 130of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these131 Legal Terms.
     

  • Your Contributions are not false, inaccurate, or misleading.132133
     

  • Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms o134f solicitation.135
     

  • Your Contributions 136are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).137
     

  • Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.138139
     

  • Your Contributions are not used t140o harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of pe141ople.
     

  • Your Contributions do not violate any applicable law, regulation, or rule.142
     

  • Your Contributions do not violate the privacy or publicity rights of any third party.143
     

  • Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to p144rotect the health or well-being of minors.
     

  • Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.

  • Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.

Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.145

 

7. CONTRIBUTION LICENSE146

You and Services agree that we may access, store, process, and use any information and personal data that you provide and your choices (in147cluding settings).

 

By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you.148149150

 

We do not assert any ownership over your Contributions. You retain full ownershi151p of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contribut152ions. We are not liable for any statements or rep153resentations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions 154to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us rega155rding your Contributions.156

 

8. MOBILE APPLICATION LICENSE157

Use License158

 

If you access the Services via the App, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, and to access and use the App on 159such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Legal Te160rms. You shall not: (1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the161 App; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the App; (4) remove, alter, or obscure any proprietary notice (includi162ng any notice of copyright or trademark) 163posted by us or the licensors of the App; (5) use the App for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the App available over a network or other environment permitting access or use by multiple devices or users at the same 164time; (7) use 165the App for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the App; (8) use the App to send automated queries to any website or to send any unsolicited commercial email; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App.

 

Apple and Android Devices

The following terms apply when you use the App obtained from either the Apple Store or Google Play (each an "App Distributor") to access the Services: (1) the license granted to you for our App is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the App as specified in the terms and conditions 166of this mobile application license contained in these Legal Terms or as otherwise required under applicable law, and you acknowledge that each App Distributor has no 167obligation whatsoever to furnish any maintenance and support services with respect to the App; (3) in the event of any failure of the App to conform to any applicable warran168ty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App, and to the maximu169m extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the App; (4) you represent and warrant that (i) you are not located in a country that is subject to a US government embargo, or that 170has been designated by the US government as a "terrorist supporting" country and (ii) you are not listed on any US government list of prohibited or171 restricted parties; (5) you must comply with applicable third-party terms of agreement when using the App, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement w172hen using the App; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of t173he terms and conditions in this mobile applica174tion license contained in these Legal Terms, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the 175terms and conditions in this mobile application license contained in these Legal Terms against you as a third-party beneficiary ther176eof.177178

 

9. SERVICES MANAGEMENT179180

We reserve the right, but not the obligation, to: (1) monitor the Services for violat181ions of these Legal 182Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or the183se Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation,184 notice, or liability, to remove from the Services or otherwise disable all files and185 content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.186187

 

10. PRIVACY POLICY188189

We care 190about data privacy and security. By using the Services, you agree to be bound by our Privacy Policy posted191 on the Services, which is incorporated into these Legal Terms. Please be advised the Services are hosted in the United States. If you access the Services from any other region of the world with laws or other requirements g192overning personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.193

 

11. TERM AND TERMINATION194

These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION 195OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING B196LOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, W197ITHOUT WARNING, IN OUR SOLE DISCRETION.198

 

If we terminate or suspend your account for any reason, you are prohibited from registering199 and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.200201202

 

12. MODIFICATIONS AND INTERRUPTIONS203204205

We reserve the right to change, modify, or remove th206e contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any 207third party for any modification, price 208change, suspension, or discontinuance of the Services.209210

 

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintena211nce related to the Services, resulting in interruptions, delay212s, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at 213any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenienc214e caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connecti215on therewith.

 

13. GOVERNING LAW

These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the Commonwealth of Virginia applicable to agreements made and to be entirely performed within the Commonwealth of Virginia, without regard to its conflict of law principles.216217

 

14. DISPUTE RESOLUTION218219

Any legal action of whatever nature brought by either you or us (collectively, the "Parties" and individually, a "Party") shall be commenced or prosecuted in the state220 and federal courts located in A221ugusta, Virginia, and the Parties hereby consent to, and waive all defenses of lack of perso222nal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Legal Terms. In no event shall any claim, action, or proceeding brought by e223ither Party related in any way to the Services be commenced more than one (1) years after the cause of action arose.

 

15. CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.224225226

 

16. DISCLAIM227ER228229

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAIL230ABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLA231IM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOU232T THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE 233WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PE234RSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POST235ED,236 TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.237

 

17. LIMITATIONS OF LIABILITY238

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AG239ENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YO240UR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US OR $20,000.00 USD. CERTAIN US STATE LAWS AND INTERNATIONAL241 LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITAT242IONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.243244

 

18. INDEMNIFICATION245246

You agree to defe247nd, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, fr248om and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and w249arranties set250 forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the rig251ht, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable252 efforts t253o notify you of any such claim, action, or proceeding which is subject to this indemnifica254tion upon becoming aware of it.255

 

19. USER DATA256

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Althou257gh we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have under258taken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such 259data.260261262

 

20. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES263264265

Visiting the Serv266ices, sending us emails, and completing online forms constitute electronic communications. You consent to267 receive elect268ronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement tha269t such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECOR270DS, AND T271O ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. Yo272u hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.273

 

21. MISCELLANEOUS274

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and und275erstanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provi276sion of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any277 remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of t278he Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. 279You hereby wa280ive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.281282

 

22. COMMUNITY GUIDELINES283284

If any individual uses http://www.skyl285arevans.com for any slander, gossip, false c286laims and accusation, intimidation, or public harassment they will be subject to severe penalties. Furthermore, if any individual uses this website to stock, tro287ll or copy for their o288wn benefit they will be subject to severe penalties.

 

23. CONTACT US

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

Skylar Evans

United States

Phone: 4342825983

info@skylaraevans.com

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