Terms Of Service
Skafos Consulting LLC – IT Managed Services
Welcome to Skafos Consulting LLC
Skafos Consulting Terms & Condition. The following Terms of Service (“TOS”) are between you and Skafos Consulting LLC and constitute a legal agreement that governs your use of the Skafos Consulting LLC product, software, services, and website, as more fully described at Skafos Consulting LLC (IT Consulting) collectively referred to as the “Service”). You must agree to these TOS before you can use the Service. You can agree to these TOS by (a) actually using the Service, or (b) clicking a box that indicates you agree to the Service, where such a box is made available to you. If you do not agree to any of the following terms, you may not use the Service. You should print or otherwise save a copy of these TOS for your records.
What personal data we collect
Skafos Consulting LLC (“Skafosconsulting.com”) owns and operates this Website. This document governs your relationship with Skafos.org (“Website”). Access to and use this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
AGREEMENT TO TERMS
The information provided on the Site 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. so, those persons who choose to reach the Site 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. The Site is intended for users who are at least 13 years of age. All users who are minors in the jurisdiction where they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or
Intellectual Property Rights
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”)
are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Site “AS IS” for
You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we decide, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. As a user of the Site, you agree not to:1. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
2. Make any unauthorized use the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
3. Get around, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use the Site and/or the Content contained therein.
4. Engage in unauthorized framing of or linking to the Site.
5. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
6. Make improper use of our support services or submit false reports of abuse or misconduct.
7. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
8. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
9. Attempt to impersonate another user or person or use the username of another user.
10. Sell or otherwise transfer your profile.
11. Use any information obtained from the Site with the aim to harass, abuse, or harm another person.
12. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
13. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any part of the Site.
14. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any part of the Site to you.
15. Cut the copyright or other proprietary rights notice from any Content.
17. Upload or send (or attempt to upload or to send) viruses, Trojan horses, or other material, including excessive use capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
18. Upload or send (or attempt to upload or to send) 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 devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
19. Except as may be the result of the 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 Site, or using or launching any unauthorized script or other
software. 20. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
21. Use the Site in a way inconsistent with any applicable laws or regulations.
22. The word “Full” or phrase “Full Recovery”, when used in relation to the process of data recovery or the amount of data recovered relates solely to the amount of data that has been able to be recovered from the media and not to the amount of data originally contained on the media.23. As part of its diagnostic process, Skafos Consulting agrees to use its best commercial knowledge and ability to decide the chance of and, where possible, the volume of recoverable data from the client’s media.
All Fixed Price Quotations offered by Skafos Consulting are valid for a period of seven days unless otherwise agreed. After this period the quotation may alter without notification.
24. All prices quoted by representatives of Skafos Consulting are exclusive of TAX (now 7% of the total amount payable).
25. Skafos Consulting agrees to only use authorized data recovery engineers, and that all media supplied to Skafos Consulting will be stored in a secure way at one of it’s, or it’s affiliates premises.26. All data recovered from a client’s media is stored on secure servers by the Data Protection Act 1998. Any Confidential Information disclosed by Customer under this agreement will remain the owner’s sole property, and Skafos Consulting shall employ reasonable measures to prevent the unauthorized use of Customer Information, which measures shall not be less than those measures employed by Skafos Consulting in protecting its own confidential information.
26. Due to the nature of data recovery and conversion, our technicians may be required to carry out physical work on the media/data/equipment made available to Skafos Consulting. therefore, the client acknowledges that (a) the media/data/equipment may already be damaged or corrupted, (b) data recovery efforts may result in further damage to the media/data/equipment (c) the media/data/equipment warranties may become void, and (d) Skafos Consulting is not responsible for this or any other type of damage.
27. The client agrees to inspect or to procure to inspect the goods delivered at the earliest opportunity after delivery or attempted delivery and in any event within five calendar days of delivery or attempted delivery. Any claims for the shortfall in the delivery of goods, or claims that the goods do not comply with the order agreed with Skafos Consulting, must be notified in writing within seven calendar days of delivery. Claims made outside of this time period may only be resolved at the discretion of Skafos Consulting.29. Skafos Consulting will retain a copy of your recovered data for a period of seven days from the date of dispatch. During this period Skafos Consulting will answer any queries about the recovered data and, if required, give further copies. On occasions, with the client’s consent Skafos Consulting, may retain a copy of your recovered data and/or digital image beyond this point. In circumstances such as these, Skafos Consulting reserves the right to charge a fee for duplicate copies of data, data storage, management, and security.
30. As part of its confidentiality policy, Skafos Consulting agrees not to show any/all information or data files supplied with, stored on, or recovered from client equipment except to employees, agents or affiliates of Skafos Consulting subject to confidentiality agreements or as required by law, without the consent of the client.31. Skafos Consulting agrees to only use authorized data recovery engineers, and that all media supplied to Skafos Consulting will be stored in a secure way at one of its premises or those of its affiliates. The client understands that the location of storage may not be the same as the location to which the media was originally shipped.32. All data recovered from a client’s media is stored on secure servers by the Data Protection Act 1998.
Diagnostics and Recovery Processes
33. All diagnostic reports are provided to the client via telephone or electronic mail unless otherwise agreed by a representative of Skafos Consulting.34. Due to the nature of data recovery, our technicians may be required to carry out physical work on the media/data/equipment made available to Skafos Consulting. therefore, the client acknowledges that:
a) the media/data/equipment is already damaged,
b)data recovery efforts may result in further damage to the media/data/equipment,
c) the media/data/equipment warranties may become void, and
d) Skafos Consulting is not responsible for this or any other type of damage.35. The client is aware that on occasions, Skafos Consulting may be required to use more media to continue with the diagnostic phase and/or carry out its recovery efforts. Examples of this include, but are not limited to, spare parts for disk drives and specific adapters or connectors. Skafos Consulting reserves the right to charge the client more money for such media at an agreed cost.36. On rare occasions, Skafos Consulting may require the client to cover some of the costs of attempting the recovery. This request will only apply when the recovery is complex or when severe damage has occurred and only as a no-obligation, fixed price quotation, and is not offered as part of Skafos Consulting’s “no recovery, no fee” service. Please note that this charge as with all charges made by Skafos Consulting is not obligatory and the client may refuse this, and any other charge, and request the return of their media.37. Skafos Consulting agrees that any payment for a recovery will only be processed in the event that data is successfully recovered from the client’s media. The client understands that due to the complex nature of data recovery, it is not always possible to recover all the information from the client’s media. Skafos Consulting makes no provisions for the completeness, relevance or importance of the data recovered for the client unless otherwise agreed in writing by Skafos Consulting and the client.38. Skafos Consulting reserves the right to send or redirect any equipment or media received at any of our premises to the most suitable location for data recovery. This includes making use of affiliate or parent company laboratory facilities. In these instances, Skafos Consulting will use a courier for the transport of the media or equipment. The client agrees that a) Data Recovery Specialists will assume the costs of this transportation and b) Skafos Consulting are not responsible for any damage or loss to any items transported as part of the overall aim to recover the client’s lost data.
Performance, Delivery & Carriage
39. Skafos Consulting agrees to return all recovered data on suitable media. Examples of this include, but are not limited to, CD-ROM, DVD-r, or a replacement hard drive. As part of its standard data recovery service Data Recovery Specialists now returns a maximum of 3GB of data on CD-ROM and 30GB of data on DVD-r. Skafos Consulting reserves the right to refuse to return, or charge the client an agreed amount for returning, data on these forms of media when the recovered data exceeds these limits. The client must pay an agreed amount for any replacement media and this amount is in addition to the costs agreed for the data recovery service unless otherwise agreed in writing by a representative of Skafos Consulting.40. All data recovered by Skafos Consulting is returned to the client via a next day traceable service. Examples of this include, but not are limited to, UPS, or Fedex. However, other arrangements for the return of the client’s data may be arranged. On occasions, Skafos Consulting reserves the right to charge the client for the postal service provided and any associated administration fees. This charge is in addition to the charge agreed for the data recovery process.41. Skafos Consulting holds no responsibility for delays caused as a result of the postal network. In these circumstances, no compensation will be given for loss of profits, inconvenience, etc., unless previously agreed by Skafos Consulting .42. The client agrees to inspect or to procure to inspect the goods delivered at the earliest opportunity after delivery or attempted delivery and in any event within five calendar days of delivery or attempted delivery. Any claims for the shortfall in the delivery of goods or claims that the goods do not comply with the order agreed with Skafos Consulting, must be notified in writing within seven calendar days of delivery. Claims made outside of this time period may only be resolved at the discretion of Skafos Consulting.43. Skafos Consulting will retain a copy of your recovered data for a period of seven days from the date of dispatch. During this period Skafos Consulting will answer any queries about the recovered data and, if required, give further copies. On occasions, with the client’s consent, Skafos Consulting may retain a copy of your recovered data and/or digital image beyond this point. In circumstances such as these, Skafos Consulting reserves the right to charge a fee for duplicate copies of data, data storage, management, and security.44. The client and Skafos Consulting agree that the sole and exclusive remedy for any unsatisfactory work shall be at Skafos Consulting’s discretion. Skafos Consulting reserves the right to either (a) try more attempts by Skafos Consulting’s engineer to remedy any unsatisfactory work, or (b) to refund the amount paid by the client in full or part.45. All media sent to Skafos Consulting for data recovery may be retained within one of its international offices for a period of up to fourteen days after completion of the data recovery service. As per our ‘Return Drive Policy,’ you may request the return of your media within 28 days of us receiving your drive. The client understands that the delivery time frames provided are calculated from the date of recovery plus fourteen days. Please see our Return Drive Policy for full details.46. The client understands that all media which is returned via our free return service is provided by standard postal service and this service is non-traceable, Skafos Consulting holds no responsibility for any media lost or damaged within the postal network. The client understands that this is a 21-day service, calculated as indicated in 5.7. Our Return Drive Policy can be viewed in our Returns Policy on our website.47. The client understands that Skafos Consulting does not offer any guarantees or warranties of any kind and that the extent of any Skafos Consulting’s liability to the client is strictly limited to the fees you pay Skafos Consulting for its data recovery service.
48. The client accepts that Skafos Consulting will not examine the contents of any file contained on the media supplied to them.49. Skafos Consulting gives an integrity percentage of any data recovered. This is an estimate only and is derived using specialist software that performs a file signature verification process. This is where the recovered files signatures are matched against their extension. This process does not guarantee the level of integrity and may vary depending on various factors including, but not limited to, the file type and whether or not it is encrypted. The percentage given is an estimate only.50. Skafos Consulting accepts no responsibility or liability whatsoever for the contents, integrity, functionality, corruption, or usefulness of the data recovered.51. Whilst every effort is made to recover as much data as possible from any media received and any specific files requested by the client the recovery process is such that it is not specific, and the sale of data is generic and based purely on the amount of data recovered and the labor in recovering that data. therefore, should the client wish to know what files have been recovered they should request a file list from their account manager in writing or by email. This is the client’s responsibility and a file list will not be provided unless requested from Skafos Consulting in writing or by email by the client. The file list shows the files recovered. Data Recovery Specialists gives no guarantee as to the integrity of the data shown on the file list or any other data recovered.
52. The client agrees that all media and its content provided to Skafos Consulting Data Recovery Specialists is legal and the lawful possession of the client and that the client has the legal right to request data recovery services, as described under the Laws of the State of Georgia.
User Generated Contributions
The Site may invite you to chat, contribute to, or take part in blogs, message boards, online forums, and other functionality, and may give you with the opportunity to create, submit, post, display, send, do, publish, distribute, or broadcast content and materials to us or on the Site, 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 Site and through third-party websites. As such, any Contributions you send may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and permit that:
1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not, and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your Contributions do not advocate the violent overthrow of any government or incite, urge, or threaten physical harm against another.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third party.
11. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent way.
12. Your Contributions do not violate any federal or state law about child pornography, or otherwise intended to protect the health or well-being of minors;
13. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
By posting your Contributions to any part of the Site or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts, you automatically grant, and you represent and permit that you have the right to grant, to us an unrestricted, unlimited, irrevocable,
perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, show, sell, resell, publish, broadcast, re-title, archive, store, cache, publicly do, publicly display, reformat, translate, send, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your reputation and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or merge into other works, such Contributions, and grant and
authorize sub-licenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you give. You waive all moral rights in your Contributions, and you permit that moral rights have not otherwise been asserted in your Contributions. We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us about your Contributions. We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more proper locations on the Site; and (3) to pre-screen or cut any Contributions at any time and for any reason, without notice. We have no obligation to check your Contributions.
GUIDELINES FOR REVIEWS
We may offer you areas on the Site to leave reviews or ratings. When posting a check, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative. We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to cut reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any check or for any claims, liabilities, or losses resulting from any check. By posting a check, you hereby grant to us a perpetual, non-exclusive,
worldwide, royalty-free, fully-paid, assignable, and sub-license right and license to reproduce, change, translate, send by any means, display, do, and/or distribute all content on reviews.
As part of the functionality of the Site, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third- Party Account login information through the Site; or (2) allowing us to gain access to your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use each Third-Party Account. You represent and permit that you are entitled to show your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account other information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Site. You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.
We make no effort to check any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site. You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to cut any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that becomes associated with your account.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information about the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby permit that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
THIRD-PARTY WEBSITES AND CONTENT
We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately tell us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.
Upon receiving your order, we carry out a standard authorization check on your payment card to make sure there are sufficient funds to fulfill the transaction. Your card will be debited upon authorization being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to buy. Once the goods have been dispatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.
TERM AND TERMINATION
TERMS CANCELLATION AND REFUND
REFUND & CANCELLATION POLICY Web Design Payments for custom design projects are made to us in increments as a courtesy to the client. Once a payment or deposit is made, it is non-refundable. If a project is canceled or postponed, all monies paid are retained by Skafos Consulting LLC and if applicable, a fee for all work completed beyond what was already paid for shall be paid by the client. Web Development Payments for custom web development projects are made to us in increments as a courtesy to the client. Once a payment or deposit is made, it is non-refundable. If a project is canceled or postponed, all monies paid are retained by Skafos Consulting LLC and if applicable, a fee for all work completed beyond what was already paid for shall be paid by the client. Search Engine Optimization, Internet Marketing, and Social Media Optimization Payments for Search Engine Optimization, Internet Marketing, and Social Media Optimization services are nonrefundable, and Skafos Consulting LLC do not issue pro rata refunds for fees paid in advance. Once a payment or deposit is made, it is non-refundable. All Setup fees are nonrefundable as it is applied to costs immediately incurred by Skafos Consulting LLC in initiating services. If a project is cancelled or postponed, all monies paid are retained by Skafos Consulting LLC and if applicable, a fee for all work completed beyond what was already paid for shall be paid by the client. Chargebacks If we receive a charge-back or payment dispute (i.e. PayPal Dispute) from a credit card company or bank, your service and/or project will be suspended without notice. A $50 chargeback fee (issued to recover fees passed on to us by the credit company), plus any outstanding balances accrued as a result of the charge-back(s) must be paid in full before service is restored, files delivered, or any further work is done. Instead of issuing a charge-back, please contact us to discuss any billing issues. Requesting a chargeback or opening a PayPal dispute for a valid charge from us is a fraud, and is never a proper or legal means of obtaining a refund. Please read and make sure you fully understand our refund policy prior to making a payment. Website Hosting Payments for past months of web hosting are non-refundable. Hosting accounts are set up when of order and are allotted a specific amount of server resources, according to the plan purchased. If the client did not make use of the account, payment for services is still due. Hosting accounts are not canceled until notice is received from the client in writing, or until 15 days after due date of payment not received. If the client paid for hosting account for 6 or 12 months ahead and cancels service before the plan expiration date, a refund may be given for the months not yet elapsed. If clients received free products and/or services with their hosting plan buy, the value of the free services will be deducted from the refund amount. Skafos Consulting LLC reserves the right disable and/or end a user’s account if a user is found in violation of the terms. Accounts terminated due to policy violations will not be refunded.
MODIFICATIONS AND INTERRUPTIONS
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where proper, the AAA’s
Supplementary Procedures for Consumer-Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where proper, limited by the AAA Consumer Rules. If such costs are determined to by the arbitrator to be excessive, we will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing but need not give a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in COBB County, GA. Except as otherwise provided here, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, change, vacate, or enter judgment on the award entered by the arbitrator.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to use class action procedures, and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions about informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or about the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunction relief. If this provision is found to be illegal or unenforceable, then neither Party will pick to arbitrate any Dispute
falling within that part of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
There may be information on the Site that has 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 Site at any time, without prior notice.
THE SITE is provided ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR use THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION
WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE 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 WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND use
THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR use OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH may be TRANSMITTED TO OR THROUGH THE SITE 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 POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT permit, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, 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 buy OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE proper.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS 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 YOUR use THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED here, 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 $5,000.00 USD. CERTAIN STATE 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 LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE more RIGHTS.
party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, 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 reasonable efforts to tell you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
We will keep up certain data that you send to the Site for the purpose of managing the performance of the Site, as well as data on your use the Site. Although we do regular routine backups of data, you are solely responsible for all data that you send or that relates to any activity you have undertaken using the Site. 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 data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms enact electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we give to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE use ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You 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.
CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint help Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North
Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445- 1254.
About a ticket or resolve a complaint about the Site or to receive further information about Skafos Consulting LLC and how to use the Site,
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SKAFOS CONSULTING LLC is located at:
P. O Box 302 Little Chute WI, 54140