Terms
END USER AGREEMENT
OVERVIEW
IMPORTANT – THIS END USER AGREEMENT (“TERMS” OR “AGREEMENT”) GOVERNS THE RELATIONSHIP BETWEEN US WHETHER YOU ARE ACCESSING, USING, PLACING AN ORDER, OR MAKING A TRANSACTION THROUGH OUR WEBSITE OR USING OUR SERVICES. THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES (SEE SECTIONS 17 AND 18). THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
SkySail Strategies Ltd. (“SkySail Strategies”
“we,” “our,” “us”) provides you with access to the SkySail Strategies including its applications and websites, and your use of the website www.skysailstrategies.com, including any sub-domains thereof, affiliated websites (“collectively, the “Website”), and mobile applications (collectively, the “Services”), which are owned and maintained by SkySail Strategies, are governed by the policies, terms, and conditions set forth below. Please read our terms carefully. We offer the Services, including all information, tools, products, and services available to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. By accessing, using, placing an order, accessing, making a transaction over the Website, or otherwise using the Services, you agree to the terms set forth herein. If you do not agree to these terms and conditions in their entirety, you are not authorized to use the Services in any manner or form whatsoever. By accessing and/or using the Services, including the Website, you agree to be bound by these Terms as a “Subscriber,” meaning you have registered an account with SkySail Strategies for a User ID and User Password (defined below), and have enrolled in and paid for access to Services and any other content provided by us. You may not access or use the Services if you do not agree to these Terms. Your ability to use the Services is expressly conditioned upon your assent to these Terms and your pre-payment of the applicable course fees outlined in Section 5 below.
THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 19 OR IF YOU OPT-OUT. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION PROVISIONS IN SECTION 18 BELOW, WHICH DESCRIBES YOUR RIGHT TO OPT-OUT.
You can review the most current version of the Terms at any time on this page (www.skysailstrategies.com). We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. YOUR CONTINUED USE OF OR ACCESS TO THE WEBSITE FOLLOWING THE POSTING OF ANY CHANGES CONSTITUTES BINDING ACCEPTANCE OF THOSE CHANGES.
TERMS OF USE AND CONDITIONS OF SALE
1. Services Use
By agreeing to these Terms, accessing the Services, and using the Website, you represent that you are at least the age of majority in your state or province of residence. You affirm that you have the legal capacity to enter into a binding contract with us, have read this Agreement, and understand and agree to its terms.
2. Privacy and Security Disclosure
SkySail Strategies’ Privacy Policy may be viewed at www.skysailstrategies.com. The Privacy Policy is incorporated into these Terms by reference and constitutes a part of these Terms.
3. SkySail Strategies Risk Disclosure Agreement
SkySail Strategies Ltd provides the Expert Advisors Platform
software platform available through the Services (“Expert Advisors Platform”) solely as an Expert Advisor tool, and does not offer financial, investment services, or advice in any form. The Expert Advisors Platform , including its user manual, should not be construed as investment advice, a solicitation for public savings, or asset management. The Expert Advisors Platform
is a technical aid specifically designed for use with the MetaTrader 4 platform, assisting users in Forex market trading. You retain full control over the Expert Advisors Platform
functionality, including the ability to activate or deactivate features, modify parameters to align with their trading strategy, and maintain oversight of their trading activities. You have the authority to permit or prevent the initiation of new trades and to close existing ones, thereby maintaining complete control over their Trading Account and all decision-making processes. Expert Advisors Platform
does not engage in Mirror Trading or Copy Trading, nor does it constitute an asset management service. The Expert Advisors Platform
is solely a tool that employs algorithms to aid you in selecting and implementing trading strategies, entry and exit market tactics, risk parameters, and all aspects of money management and risk/return profiling.
You assume full responsibility for their operational strategies and decisions made using the Expert Advisors Platform , fully acknowledging the financial risks inherent in online trading, including the high likelihood of partial, total, or even excessive capital loss. SkySail Strategies Ltd holds no responsibility and has no ability to intervene in opinions, information, or specific settings of Expert Advisors Platform
provided by third parties. By manually enabling the Expert Advisors Platform , you consent to the automation of certain operational processes and absolves SkySail Strategies Ltd of any liability for damages or losses incurred through the use of Expert Advisors Platform . SkySail Strategies Ltd, as the distributor of the Expert Advisors Platform , expressly disclaims any liability for losses or damages resulting from its use.
You Are responsible for setting, overseeing, and continuously monitoring Expert Advisors Platform 's operations, using trading strategies that align with their goals and risk tolerance. The Expert Advisors Platform ’s algorithms do not guarantee protection against unforeseen market trends or macroeconomic news. You are solely responsible for safeguarding their capital, particularly in terms of trade size and money management.
Strategies shared by SkySail Strategies Ltd’s Network members are for educational purposes only and should not be considered financial or investment advice. They are the sole responsibility of the individuals proposing them.
Consultation services provided by SkySail Strategies Ltd and its associates are limited to technical aspects, such as installation and operation of Expert Advisors Platform 's functions. These services do not constitute financial consulting and should not be interpreted as such. Legal financial consulting is exclusively provided by registered, qualified consultants. Partners of SkySail Strategies Ltd who engage in such activities do so under their own responsibility, independent of SkySail Strategies Ltd.
Presented results of Expert Advisors Platform
usage (including at events, fairs, conventions, etc.) do not guarantee similar future profits. These results stem from your independent choices and may not be replicable. Settings yielding these results are not investment advice but parameters that have shown profitability in historical data testing. There is no assurance from SkySail Strategies Ltd that these settings will be effective or profitable in the future or that they can protect against losses.
Our website, Services, and the use of Expert Advisors Platform
are not intended for individuals or entities in jurisdictions where access, consultation, and use of these Services are prohibited or restricted due to nationality, type of person, domicile, residence, or other reasons. Those subject to such restrictions must not access the Service.
CFDs are complex instruments with a high risk of rapid capital loss due to leverage. Historical data suggests that between 74% and 89% of retail investor accounts lose money when trading CFDs. You should consider their understanding of CFDs and whether they can afford the high risk of capital loss. You are responsible for investing capital within their loss-bearing capacity and for adopting prudent, sustainable money management settings, including the use of appropriate Stop Loss functions if necessary.
4. General Conditions and User Conduct Restrictions
All aspects of our Services, including our Website, are protected by U.S. and international copyright, trademark, and other intellectual property laws. You do not acquire any ownership or other rights by downloading or using any of our Services, including the Website, or any enclosed material . You agree not to use or attempt to use the Services in any unlawful manner. You further agree not to commit any unlawful act or attempt to commit any unlawful act on or through the Website including, but not limited to: (1) hacking and other digital or physical attacks on the Website; (2) publishing vulgar, obscene, or defamatory material; (3) reproducing, duplicating, copying, selling, reselling or exploiting for any commercial purposes any portion of our Services other than as expressly permitted under these Terms; (4) use any high volume, automated, or electronic means to access the Services (including without limitation robots, spiders or scripts); (5) falsely state, impersonate, or otherwise misrepresent your identity; or (5) any other unlawful act.
5. License to Use the Services
By agreeing to use the Service, and subject to your compliance with these Terms, SkySail Strategies grants you a freely revocable, worldwide, non-exclusive, non-transferable, non-sublicensable limited right and license (a) to access, internally use and display the Services at your location solely as necessary to participate in them as permitted by these Terms, and (b) to download and utilize any content for your personal use only and not in contravention of these Terms.
Termination of the Services
You agree that we may, in our sole discretion, deactivate your account or otherwise terminate your Services for any reason including, without limitation, if you have breached these Terms. SkySail Strategies may terminate your Services without prior notice and we are not liable for any termination of your Services. You agree and acknowledge that SkySail Strategies may retain and store any content or information you provided notwithstanding termination of your Services.
6. No Investment Advice or Professional Advice
SkySail Strategies does not provide personalized investment advice or execute trades on your behalf. None of SkySail Strategies’ Services are intended to provide tax, legal, insurance, or investment advice. None of the content provided or through any of SkySail Strategies’ Services should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security by SkySail Strategies or any third party. You alone are solely responsible for determining whether any investment, security or strategy, or any other product or service, is appropriate or suitable for you based on your investment objectives and personal and financial situation. You should consult a registered investment advisor, attorney, or tax professional regarding your particular financial situation, investing strategies, or specific legal or tax situation.
To the extent that any of the content we publish as part of our Services may be deemed to be investment advice or recommendations in connection with a particular security, such information is impersonal and not tailored to the investment needs of any specific person. You understand that an investment in any security is subject to a number of risks and that discussions of any security published via our Services will not contain a list or description of relevant risk factors.
You understand that performance data is supplied by sources believed to be reliable, that the calculations that may be provided to you when using our Services are made using such data, and that such calculations are not guaranteed by these sources, the information providers, or any other person or entity, and may not be complete.
From time to time, our Services may reference prior articles and opinions that we have published. These references may be selective, may reference only a portion of an article or opinion, and are likely not to be current. As markets change continuously, previously published information and data may not be current and should not be relied upon.
All content published and made available to you as part of our Services is presented only as of the date published or indicated and may be superseded by subsequent market events or for other reasons. In addition, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data
7. Securities & Investing Disclosure.
Foreign exchange trading has large potential rewards, but also large potential risk. You must be aware of the risks and be willing to accept them in order to invest in foreign exchange. Don’t trade with money you can’t afford to lose. SkySail Strategies does not represent that any account will or is likely to achieve profits or losses similar to those that may be discussed or highlighted on our Website or while using our Services. The past performance of any trading system or methodology is not necessarily indicative of future results. All trades, patterns, charts, systems, etc., that may be discussed or highlighted on the Website while using our Services are for illustrative purposes only and not to be construed as specific advisory recommendations. Information provided to you while using our Services is intended for informational purposes only
8. Intellectual Property Rights.
No right, title, or interest in or to the Site or Services or any content on the Site or Services is transferred to you, either directly or by estoppel or otherwise, and all rights not expressly granted are reserved by SkySail Strategies. You shall not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, copy, modify, print, store, enhance, adapt, translate, sell, resell, license, sub-license, or transmit any of the material on our Website, except as follows: Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials. You may store files that are automatically cached by your Web browser for display enhancement purposes. You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution. If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by any required end user license agreement for such applications.
If we provide social media features with certain content, you may take such actions as are enabled by such features.
Specifically but without limiting the general restriction on authorized use as set forth above, you must not: (a) Reverse engineer, disassemble, decompile, decode, adapt or otherwise attempt to derive or gain access to the source code of the Service or Materials, in whole or in part; (b)Use any part of the Website or any Services or Materials for your own commercial purposes;
Exploit any of the content set forth on the Website or the Materials; (c) Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text; (d) Delete or alter any copyright, trademark, or other proprietary rights notices from copies of Materials; or (e) Attempt to do any of the foregoing.
9. Modifications to the Website and Prices
We reserve the right to modify or discontinue access to the Website (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third party for any modification, suspension, or discontinuance of access to the Website. Certain products or services may be available exclusively online through the Website. Furthermore, you acknowledge that our Services may not be available at all times, and that certain usage limits may apply. You acknowledge that we may, at our sole discretion, limit, suspend, or terminate your use of all Services and may modify or discontinue all Services at any time.
All descriptions of Services and their pricing are subject to change at any time without notice, at our sole discretion. Any offer for any Services made on this Website is void where prohibited.
10. Account Registration
In order to access the Services, including the Website and any online courses or communities, you will be required to create an account. By creating this account, you agree to the following:
SkySail Strategies has the right, in its sole discretion, to cancel your Services or suspend your access to them, including the Website if you fail to comply with these and any other Terms herein.
You are solely responsible for the accuracy of all data and Content submitted by you with respect to the Services. You shall prevent unauthorized access to, or use of, the Services and notify us of any such unauthorized use or access. You shall comply with all applicable law in using the Services. You shall ensure that you have the applicable consent, permission and authority for us to access and use any Content you submit to the Services as contemplated by this Agreement.
Your account credentials may only be used by you and shall not be shared with anyone else. SkySail Strategies, at its sole discretion, has the right to suspend, terminate or restrict your access to the Services as described in this Agreement. SkySail Strategies reserves the right to refuse to provide the Services to anyone for any reason at any time. Upon termination of your account, all access to your account will end.
10. User Communications
By accessing the Services, you expressly consent to receive electronically all communications, agreements, documents, notices and disclosures (“Notices'') that we provide in connection with your account and your use of the Services. Notices may, without limitation, take the form of electronic mail, in-app messages, and in-Website communications. Additionally, Notices may take the form of electronic mail containing promotional, marketing, and advertising information and recommendations that we believe may be of interest to you. If you do not wish to receive such promotional emails, you may unsubscribe at any time by following the instructions within, and SkySail Strategies will honor any requests to unsubscribe within 30 days.
11. Order Placement and Acceptance
Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. We reserve the right to accept or deny anyone’s order for any reason. In the event we deny your order, you will receive a refund to your original form of payment. You understand and agree that we will not be liable for any losses or damages that may result from our refusal to provide you any Services. We reserve the right to require additional information before processing any order.
12.
User Content. Certain features of the Service may permit users to upload content to the Service, including contact information, product information, pricing, messages, reviews, photos, video, images, folders, data, text, and other types of works (“User Content”) and to publish User Content on the Service. You retain copyright and any other proprietary rights that you may hold in the User Content that you post to the Service. You are solely responsible for your User Content and the consequences of posting or publishing User Content. We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. SkySail Strategies may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Supply Agreement Provisions or is otherwise objectionable. You understand that when using the Service you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against SkySail Strategies with respect to User Content. We expressly disclaim any and all liability in connection with User Content. If notified by a user or content owner that User Content allegedly does not conform to these Supply Agreement Provisions, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, SkySail Strategies does not permit copyright-infringing activities on the Service. SkySail Strategies will promptly terminate without notice the accounts of users that are determined by SkySail Strategies to be “Repeat Infringers.” A Repeat Infringer is a user who has been notified of infringing activity or has had User Content removed from the Service at least twice.
13. Prohibited Conduct
. By using the Services you agree not to:
A. use the Service for any illegal purpose or in violation of any local, state, national, or international law;
B. violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;
C. post, upload, or distribute any User Content or other content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;
D. interfere with security-related features of the Service, including by: (a) disabling or circumventing features that prevent or limit use or copying of any content; or (b) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;
E. interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (b) making any unsolicited offer or advertisement to another user of the Service; (c) attempting to collect personal information about another user or third party without consent; or (d) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service, or violating any regulation, policy, or procedure of any such network, equipment, or server;
F. perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying your age or date of birth;
G. sell or otherwise transfer the access granted under these Supply Agreement Provisions or any Materials (as defined in Section 12) or any right or ability to view, access, or use any Material;
H. attempt to do any of the acts described in this Section 7, or assist or permit any person in engaging in any of the acts described in this Section 7; or
I. use any automated means or form of scraping or data extraction to access, modify, download, query or otherwise collect information from SkySail Strategies’ websites.
14. Payment and Refunds
All charges are in U.S. Dollars. By submitting payment information to us, you represent and agree that: (i) you are fully authorized to use that card or account; (ii) all payment information provided is complete and accurate; (iii) you will be responsible for any payment card fees; and (iv) that sufficient funds exist to pay us the amount(s) due.
We and our third-party payment service providers may request, and we may receive, updated credit card information from your credit card issuer, such as updated card numbers and expiration date information when your credit card has expired. If such updated information is provided to us and our third-party payment service providers, we will update your account information accordingly. Your credit card issuer may give you the right to opt-out of providing vendors and third-party payment service providers with your updated credit card information. If you wish to opt-out of your credit card’s updating service, you should contact your credit card issuer.
We are not responsible for any fees or charges that your bank or credit card issuer may apply. If your bank or credit card issuer reverses a charge to your credit card, we may bill you directly and seek payment by another method including a mailed statement.
All sales are final, and SkySail Strategies does not offer any money-back guarantees. Nor does SkySail Strategies offer refunds in the event we, in our sole discretion, suspend, limit, or terminate your access to the Services, or some or all of the Services altogether. You recognize and agree that you shall not be entitled to a refund for any purchase under any circumstances. SkySail Strategies does not cover any losses you may incur as a result of your trading practices. SkySail Strategies possesses no knowledge regarding the amount of money you invest or your risk tolerance. The money you spend to access and use the SkySail Strategies community cannot be refunded. SkySail Strategies has no responsibility for the money you make or lose as a result of any financial or investing decisions you make at your own discretion. You are solely responsible for understanding and appreciating the inherent risks associated with trading before using SkySail Strategies services or accessing our community.
15. Social Media
This section applies to everyone who interacts with our social media presence, including comment sections, feeds, and other elements of social media presence viewable on Facebook, Instagram, YouTube, Pinterest, Twitter, Google+, LinkedIn, or any of the many other available external third-party social media platforms we may use (“Social Media Presence”).
The sites and platforms that host our Social Media Presence are not controlled by us and therefore have their own privacy policies and terms of use. The comments and opinions expressed by users on social media are theirs alone and do not reflect the opinions of SkySail Strategies, and we have no obligation to monitor or remove user comments. If you see an offensive or inappropriate post or comment on our Social Media Presence, you should report it to the operator of the applicable site or platform using the procedures they have established for that purpose.
16. Digital Millennium Copyright Notice
Our Services maintain specific contact information provided below, including an email address, for notifications of claimed infringement regarding materials posted to our Website or via our Services. All notices should be addressed to the following contact person:
Notification of Claimed Infringement:
SkySail Strategies Ltd
Attn: DMCA/Copyright Agent
_________________
_______________
Email: [email protected]
You may contact our agent for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material and we will investigate those complaints. If the posted material is believed in good faith by us to violate any applicable law, we will remove or disable access to any such material, and we will notify the posting party that the material has been blocked or removed.
In notifying us of alleged copyright infringement, the Digital Millennium Copyright Act requires that you include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or email address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.
17. DISCLAIMER OF WARRANTIES
Except Where Prohibited By Law, All Services Provided Are Provided On An “as Is'', “as Available” Basis Without Warranties Of Any Kind, Either Express Or Implied, Including But Not Limited To Warranties Of Title Or Implied Warranties Of Merchantability Or Fitness For A Particular Purpose. We Make No, And Expressly Disclaim Any And All, Representations And Warranties As To The Reliability, Timeliness, Quality, Suitability, Availability, Accuracy And/or Completeness Of Any Information Provided Through Our Services. We Do Not Represent Or Warrant, And Expressly Disclaim That: (a) Our Products, Services, Information, Or Other Material Purchased Or Obtained From SkySail Strategies Will Meet Your Requirements Or Expectations, Or (b) The Website Or The Server(s) That Make The Services Available Are Free Of Viruses Or Other Harmful Components. All Conditions, Representations And Warranties, Whether Express, Implied, Statutory Or Otherwise, Including, Without Limitation, Any Implied Warranty Of Merchantability, Fitness For A Particular Purpose, Or Non Infringement Of Third-party Rights, Are Hereby Disclaimed To The Maximum Extent Permitted By Applicable Law.
18. DISCLAIMER OF LIABILITIES
Except Where Prohibited By Law, In No Event Shall SkySail Strategies Or Any Of Its Officers, Directors, Shareholders, Employees, Independent Contractors, And/or Agents Be Liable For Any Indirect, Special, Incidental, Exemplary, Consequential, Punitive, Or Any Other Damages, Fees, Costs Or Claims Arising From Or Related To This Agreement, The Privacy Policy, The Services, Or Your Or A Third-party’s Use Or Attempted Use Of The Services, Regardless Of Whether SkySail Strategies Has Had Notice Of The Possibility Of Such Damages, Fees, Costs, Or Claims. This Includes, Without Limitation, Any Loss Of Use, Loss Of Profits, Loss Of Data, Loss Of Goodwill, Cost Of Procurement Of Substitute Services, Or Any Other Indirect, Special, Incidental, Punitive, Consequential, Or Other Damages. This Applies Regardless Of The Manner In Which Damages Are Allegedly Caused, And On Any Theory Of Liability, Whether For Breach Of Contract, Tort (including Negligence And Strict Liability), Warranty, Or Otherwise. If, Notwithstanding The Limitations Of Liability Set Forth Above, SkySail Strategies Is Found Liable Under Any Theory, SkySail Strategies’ Liability And Your Exclusive Remedy Will Be Limited To USD $500.00. This Limitation Of Liability Shall Apply For All Claims, Regardless Of Whether SkySail Strategies Was Aware Of Or Advised In Advance Of The Possibility Of Damages Or Such Claims. Some States Do Not Allow The Exclusion Of Certain Warranties, So Some Of The Above Exclusions May Not Apply To You And You May Have Additional Rights.
19. DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
Please Read This Arbitration And Class Action Waiver Provision Carefully. It Requires You To Arbitrate Disputes With SkySail Strategies On An Individual Basis And Limits The Manner In Which You Can Seek Relief From Us.
Except Where Prohibited By Law, You Agree That Any Claim That You May Have In The Future Must Be Resolved Through Final And Binding Confidential Arbitration. You Acknowledge And Agree That You Are Waiving The Right To A Trial By Jury. The Rights That You Would Have If You Went To Court, Such As Discovery Or The Right To Appeal, May Be More Limited Or May Not Exist. You Agree That You May Only Bring A Claim In Your Individual Capacity And Not As A Plaintiff (lead Or Otherwise) Or Class Member In Any Purported Class Or Representative Proceeding Or As A Private Attorney General. You Further Agree That The Arbitrator May Not Consolidate Proceedings Or Claims Or Otherwise Preside Over Any Form Of A Representative Or Class Proceeding.
There Is No Judge Or Jury In Arbitration, And Court Review Of An Arbitration Award Is Limited. However, An Arbitrator Can Award On An Individual Basis The Same Damages And Relief As A Court (including Injunctive And Declaratory Relief Or Statutory Damages), And Must Follow The Terms Of These Conditions Of Use As A Court Would.
a. General
Arbitration is a manner of resolving a “Claim” without filing a lawsuit. “Claim” means any dispute between you, SkySail Strategies, or any involved third-party relating to your account, your use of the Services, your relationship with SkySail Strategies, these Terms, or the Privacy Policy. This includes any and all claims that relate in any way to your use or attempted use of the Services, and any act or omission by SkySail Strategies or any third-party related to your use or attempted use of the Services, and any communications from SkySail Strategies or any third party on SkySail Strategies’ behalf. You, SkySail Strategies, or any involved third-party may pursue a Claim. SkySail Strategies agrees to final and binding confidential arbitration should it have any Claims against you. Likewise, you agree to final and binding confidential arbitration should you have any Claims against SkySail Strategies. By agreeing to arbitrate, you waive the right to go to court and agree instead to submit any Claims to final and binding confidential arbitration. You further agree that all claims must be arbitrated on an individual basis and not on a class basis, only individual relief is available, and that claims of more than one customer cannot be arbitrated or consolidated with those of any other customer. This arbitration provision sets forth the terms and conditions of our agreement to final and binding confidential arbitration and is governed by and enforceable under the Federal Arbitration Act (the “FAA”), 9 U.S.C. §§ 1-16, as amended.
Notwithstanding anything to the contrary herein, (a) a representative action for public injunctive relief pursuant to California’s Consumer Legal Remedies Act (Cal. Civ. Code § 1750 et seq.), Unfair Competition Law (Cal. Bus. & Prof. Code § 17200 et seq.) and/or False Advertising Law (Cal. Bus. & Prof. Code § 17500 et seq.) must be arbitrated on a class basis, (b) in the event that the foregoing clause is deemed invalid or unenforceable, a representative action for public injunctive relief pursuant to California’s Consumer Legal Remedies Act (Cal. Civ. Code § 1750 et seq.), Unfair Competition Law (Cal. Bus. & Prof. Code § 17200 et seq.) and/or False Advertising Law (Cal. Bus. & Prof. Code § 17500 et seq.) may be brought in the state or federal courts located in North Carolina on a class basis, and (c) any claims other than for public injunctive relief must be arbitrated on an individual, non-class basis as otherwise set forth in this section.
The following claims shall not be subject to final and binding arbitration and must be adjudicated only in the state or federal courts located in North Carolina: (i) an action by SkySail Strategies relating to the infringement or validity of our proprietary rights, including without limitation, trademarks, service marks, trade dress, copyrights, trade secrets, or patents; or (ii) an action by SkySail Strategies for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or other provisional relief, against you for breach or threatened breach of this Agreement. You expressly agree to refrain from bringing or joining any claims that are excluded from final and binding arbitration pursuant to this subsection “b” in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration. Small claims matters may be filed in any small claims court with personal and subject matter jurisdiction over the parties. For all other matters excluded from final and binding arbitration by this subsection “b,” the parties consent to exclusive jurisdiction and venue in the state and federal courts located in North Carolina, and forever waive any challenge to said courts’ jurisdiction and venue.
c. Required Pre-Dispute Procedures
Before initiating any Claim against the other, you and we agree to first contact the other with a written description of the dispute, which shall include all relevant documents and information, and the proposed resolution. You may send the written description of any dispute you have with us by certified mail to SkySail Strategies, Attn: Legal Department, _________________________. SkySail Strategies will contact you by letter at the billing address you provided to us or at the email address you provided to us. You agree to negotiate with SkySail Strategies or its designated representative in good faith about your problem or dispute. If for some reason the dispute is not resolved within 60 days after receipt of the written dispute, we agree to the dispute resolution provisions herein.
d. Commencing Arbitration
You and SkySail Strategies agree to commence any arbitration proceeding within one (1) year after the Claim arises (the one-year period includes the required pre-dispute procedures set forth above) and that any arbitration proceeding commenced after one (1) year shall be forever barred.
If the amount in controversy is $500 or less, then the arbitration may be conducted by telephone or by written submissions. Otherwise, the arbitration shall be conducted in North Carolina unless SkySail Strategies otherwise agrees to arbitrate in another forum requested by you.
We each agree that any and all Claims other than those exempted under subsection “b” above shall be submitted to final and binding confidential arbitration before a single arbitrator of the American Arbitration Association (“AAA”). Either party may commence the arbitration process by submitting a written demand for arbitration with the AAA, and providing a copy to the other party, within the time period set forth in subsection “d” above. The arbitrator shall be selected by agreement of the parties or, if the parties cannot agree, chosen in accordance with Rules of the AAA, Consumer Arbitration Rules, in effect at the time of submission of the demand for arbitration. The AAA’s Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms, the Privacy Policy, and this arbitration provision. The arbitrator shall have the exclusive and sole authority to determine whether any dispute or Claim is arbitrable. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or SkySail Strategies. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s Rules.
The arbitrator shall follow the substantive law of the State of North Carolina without regard to its conflicts of laws principles. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the FAA. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
This provision survives termination of your account or relationship with SkySail Strategies, bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.
Failure or any delay in enforcing this arbitration provision in connection with any particular Claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other Claims except all Claims must be brought within the 1 year limitation period set forth above. This provision is the entire arbitration agreement between you and SkySail Strategies and shall not be modified except in writing by SkySail Strategies.
SkySail Strategies reserves the right to amend this arbitration provision at any time. Your continued use of the Services, purchase of any Service on or through the Website, or use or attempted use of a SkySail Strategies Service, constitutes your consent to such changes.
You Understand And Agree To Have Any Claims Decided Individually And Only Through Binding, Final, And Confidential Arbitration. You Have The Right To Opt-out Of This Arbitration Provision Within Thirty (30) Days From The Date That You Purchase, Use, Or Attempt To Use A Service Purchased On Or Through The Website (whichever Comes First) By Writing To Us Via Certified Mail At SkySail Strategies, Attn: Legal Department, __________. For Your Opt-out To Be Effective, You Must Submit A Signed Written Notice Identifying Any Service You Purchased, Used Or Attempted To Use Within The 30 Days And The Date You First Purchased, Used Or Attempted To Use The Service. If More Than Thirty (30) Days Have Passed, You Are Not Eligible To Opt Out Of This Provision And You Must Pursue Your Claim Through Binding Arbitration As Set Forth In This Agreement.
20. Indemnification
To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless SkySail Strategies, its parent, subsidiaries, predecessors, successors and affiliates, and their respective partners, officers, directors, agents, representatives, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from and against any and all claims, actions, losses, liabilities, damages, expenses, demands and costs of any kind, including, but not limited to, reasonable attorneys’ fees, arising out of, resulting from, or in any way connected with or related to (1) your breach of these Terms, the documents they incorporate by reference, or the Agreement; (2) your breach of any representations or warranties in this Agreement; or (3) your violation of any law or the rights of a third-party.
21. Third-Party Websites and Links
Our Website may include materials from third-parties or links to third-party websites. We are not liable for any third-party materials or websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the applicable third-party.
22. Testimonials, Reviews, and Other User Content and Submissions
Anything that you submit or post to the Website and/or provide us, including without limitation, photographs, testimonials, ideas, know-how, techniques, questions, reviews, comments, testimonials, and suggestions, whether directly to the Website or in user discussions (collectively, “Submissions”) is and will be treated as non-confidential and nonproprietary, and we shall have the right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, and create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. You represent and warrant that you are the owner or have sufficient rights to share the Submissions with us, and you take full responsibility for its accuracy and completeness. SkySail Strategies does not guarantee anyone’s success or that anyone will earn/experience the results that are portrayed via its Services. The testimonials and reviews portrayed on SKYSAIL Strategies’ Website are exceptional results from our most successful users. These testimonials do not represent the generally expected user experience, nor do they guarantee future success.
Furthermore, by using any of the communications tools available as part of our Services, you acknowledge and agree that (a) all communications tools constitute public, and not private, means of communication between you and the other party or parties, (b) communications sent to or received from third party service providers or other third parties are not endorsed, sponsored or approved by SkySail Strategies in any manner (unless expressly stated otherwise by SkySail Strategies) and (c) communications are not pre-reviewed, post- reviewed, screened, archived or otherwise monitored by SkySail Strategies in any manner, though SkySail Strategies reserves the right to do so at any time at its sole discretion in accordance with these Terms. Additionally, through such communication tools, SkySail Strategies may make certain types of services available to you. You acknowledge and agree that such services (e.g., chat room services) may be monitored or recorded for quality control purposes and that the information or material provided as part of the services is provided for educational purposes only.
SkySail Strategies reserves the right to correct grammatical and typing errors, to shorten Submissions prior to publication or use, and to review all Submissions prior to publication or use. SkySail Strategies shall be under no obligation to use any, or any part of, any Submission.
23. Electronic Communications
You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
24. Assignment
You may not assign any of your rights under these Terms, and any such attempt will be null and void. SkySail Strategies and its affiliates may, in their individual discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to these Terms if some or all of SkySail Strategies’ business is transferred to another entity by way of merger, sale of its assets or otherwise.
25. No Waiver
No waiver by SkySail Strategies of any term or condition set forth in these Terms 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 by SkySail Strategies to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
26. Severability
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.
27. Termination
In the event that we terminate this Agreement, Sections 1-28, as well as any representations, warranties, and other obligations made or taken by you, shall survive the termination of this Agreement.
28. Entire Agreement
These Terms and the Agreement, constitute the entire agreement and understanding between you and SkySail Strategies, and supersedes and replaces any prior or contemporaneous agreements. Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party.
29. Questions or Additional Information
If you have any questions regarding your account, any Service, or these Terms, please contact our customer support team by phone, mail, or email at the following:
SkySail Strategies Ltd
Email: support (at) skysailstrategies.com
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