Skym App Legal Information

End User License Agreement

The following terms govern your use of skym™-branded mobile software, services and applications (“Applications”). You may use the Applications only if you agree to these terms.

YOUR INSTALLATION OR USE OF THE APPLICATIONS SIGNIFIES THAT YOU AGREE TO ABIDE BY THE FOLLOWING TERMS AND CONDITIONS (THE "AGREEMENT" OR “LICENSE”). IF YOU DISAGREE WITH ANY OF THE FOLLOWING TERMS AND CONDITIONS, YOU ARE NOT AUTHORIZED TO INSTALL OR USE THE APPLICATIONS.

1. APPLICATIONS. ResGuide LLC and its licensors ("we" or "us") provide the Application to you under the terms of this Agreement. In this Agreement, we use the term “you” or “your” to mean you as an individual or such entity in whose behalf you act, if any. We reserve the right to discontinue or change any feature of the Applications at any time and without notice.

2. TERMS. This Agreement, including any supplemental terms set forth in Appendix 1, below, govern your use of the Applications. Supplemental terms that govern your use of an Application distributed by or through certain third party distributors, or which govern your use of third party software that may be contained in the Applications, are set forth in Appendix 1. You agree that your downloading of any new features or updates for the Applications constitutes your acceptance of the then-applicable terms and conditions of this License. You are advised to review the Appendix to determine if the terms apply to your mobile device or the Applications you want to install. In addition, third party distributors that offer the Applications on their devices or through their application stores may impose their own terms and conditions if you acquire and use the Applications from them, which you understand and agree will be binding on you. You agree to comply with all such third party agreements.

3. PROPRIETARY RIGHTS. You acknowledge that this is not a sale of, but rather a license to, the Applications. We, our licensors and suppliers own all rights in the Applications. Your limited rights to use the Applications are specified in this Agreement and we retain and reserve all rights not expressly granted to you.

4. RIGHT TO USE. During the term of this Agreement, we grant you a personal, limited, non-exclusive, revocable, non-sublicenseable and non-transferable right to install and use the Applications solely for personal and internal business purposes. You must be at least 13 years of age to use the Applications.

5. RESTRICTIONS. You may not: (i) make any copies of the Applications other than the copy that you need to operate the Applications on your authorized devices, (ii) modify or create any derivative works of the Applications; (iii) decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code or algorithms of the Applications; (iv) resell, lease, sublicense or otherwise attempt to transfer rights to the Applications; (v) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Applications; (vi) block, disable, or otherwise adversely affect any features or functions of the Applications; (vii) use the Applications in any way that violates this Agreement or any law; (viii) use the Applications in any way that violates the rights of any third party; (ix) assist any third party to do any of the things described in this paragraph.

6. CONTENT. Content, information, materials, graphics, audio and video ("Content') that may be accessed through the Applications is the property of its respective owner. You may not use the Applications to circumvent any mechanisms for preventing the unauthorized reproduction or distribution of the Content. We make no representations or warranties regarding the accuracy or reliability of the information included in such Content. Use of any websites or services reached through the Applications is subject to the terms of use presented on such website or service. You must abide by those terms if you use our services through the Applications.

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8. ACCESS. You must provide at your own expense the equipment, Internet connections and wireless devices or wireless services to access and use the Applications and the products associated with such Applications. YOU ARE SOLELY RESPONSIBLE FOR ANY COSTS YOU INCUR TO ACCESS OR USE THE APPLICATIONS THROUGH YOUR WIRELESS DEVICE.

9. YOUR RESPONSIBILITIES. You are responsible for:

(a) All activities that occur as a result of the use of the Applications through your devices;

(b) Maintaining the confidentiality of any passwords or log-in credentials;

(c) Taking reasonable steps to prevent unauthorized access to confidential information stored in your mobile phone or other wireless device; and

(d) Complying with this Agreement and with any and all applicable laws.

In addition, you are solely responsible for the Content that you upload, transfer, send, mail, forward, submit, share, post or otherwise provide to us (collectively referred to as “post”) using the Applications and for the consequences of posting Content where others and the general public may see the Content. This includes any personal information. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RELEASE OF PRIVATE INFORMATION IN CONTENT YOU POST TO THE APPLICATIONS. YOU ALSO AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY CONTACT, INTERACTION, LOSS OF PRIVACY, OR ANY OTHER CONSEQUENCES THAT MAY OCCUR BETWEEN YOU AND ANY OTHER USER OF THE APPLICATIONS AND OUR SERVICES OR A MEMBER OF THE PUBLIC AND THAT THE ENTIRE RISK IS WITH YOU.

We reserve the right to remove, at our sole discretion, any Content posted on our products and services.

10. SUGGESTIONS. You agree that we may, without limitation and for no compensation, use in any manner all comments, suggestions, complaints and other feedback you provide relating to the Applications.

11. YOUR REPRESENTATIONS. You represent and warrant that you have adequate legal capacity to enter into this Agreement, that you will use the Applications only for lawful purposes, that you will not violate the rights of others or the terms of this Agreement.

12. AUTOMATED UPDATES. We may, but we are under no obligation to, provide updates, patches and fixes (collectively, “Updates”). You may be given the opportunity to choose whether you want all Updates delivered automatically or if you would prefer to be notified when a new Update is ready to be installed, or when we make such Updates available for download. You authorize us to deliver automatically any Update if we believe it is necessary to provide for the continued functionality of the Applications. Your use of the Updates will be governed by this Agreement unless you are asked to agree to new or additional terms at the time of download or installation.

13. PERFORMANCE AND USAGE INFORMATION.

(a) TECHNICAL INFORMATION. Most of the Applications are configured to report back information automatically relating to computer errors arising in connection with use of the Applications, without notice to you. Information on your Applications’ configuration settings may be included. We use these data to diagnose and improve the Applications.

(b) FEATURE USAGE INFORMATION. The Applications may also provide us with anonymous information about use of the Applications’ features. We use this information in the aggregate to improve the Applications and determine which Application features and buttons are most popular and useful to its users.

(c) PERSONALIZATION. You may be asked to provide us with certain information so that we can personalize content presented to you through the Applications.

14. THIRD PARTY OFFERINGS. Your use of any third-party plug-in applications is at your own risk. We assume no responsibility for your use of such plug-ins, and we have no obligation to correct errors or provide Updates for third party applications.

15. TERMINATION. This Agreement automatically terminates if you fail to comply with any of its terms. We may terminate this Agreement and/or the License granted to you under this Agreement at any time in our sole discretion. You may discontinue use of the Applications at your discretion. Upon termination, you must stop all use of the Applications and must destroy all copies of the Applications that are in your possession. All provisions of this Agreement, except for the license grant in Section 3 above, survive the termination of this Agreement.

16. INJUNCTIVE RELIEF. You agree that your breach or threatened breach of this Agreement will cause us irreparable injury for which recovery of money damages would be inadequate and that we, therefore, may obtain timely injunctive relief to protect our rights under this Agreement in addition to any and all other remedies available to us at law or in equity.

17. DISCLAIMER OF WARRANTY.

WE AND OUR DISTRIBUTORS PROVIDE THE APPLICATIONS “AS IS” AND WITH ALL FAULTS. WE AND OUR DISTRIBUTORS DO NOT WARRANT THAT THE APPLICATIONS WILL MEET YOUR REQUIREMENTS OR WILL BE ERROR-FREE. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, EFFORT AND COST OF ANY SERVICE AND REPAIR IS WITH YOU.

WE, OUR SUPPLIERS AND DISTRIBUTORS DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INTERFERENCE, NON-INFRINGEMENT OR ACCURACY, UNLESS SUCH IMPLIED WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION.

YOU ACKNOWLEDGE THAT YOU HAVE NOT RELIED UPON ANY STATEMENT, WRITTEN OR ORAL (OTHER THAN THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT), IN DECIDING TO ENTER THIS AGREEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW. WE, OUR SUPPLIERS AND DISTRIBUTORS HAVE NO LIABILITY WITH RESPECT TO YOUR USE OF THE APPLICATIONS.

IF ANY IMPLIED WARRANTY MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, THEN SUCH IMPLIED WARRANTY IS LIMITED TO 30 DAYS FROM THE DATE YOU ACQUIRED THE APPLICATIONS FROM US OR OUR AUTHORIZED DISTRIBUTOR.

18. LIMITATION OF LIABILITY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR ANY CORPORATE PARENT, SUCCESSORS, AFFILIATES, SUBSIDIARIES, DIRECTORS, MANAGERS, EMPLOYEES, LICENSORS, SUPPLIERS, AGENTS OR DISTRIBUTORS (COLLECTIVELY, "RESGUIDE ") BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE APPLICATIONS, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOST PROFITS, LOSS OF DATA, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, OUR ENTIRE COLLECTIVE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES YOU PAID FOR THIS LICENSE (IF ANY) AND REPLACEMENT OF DEFECTIVE MEDIA OR PROVISION OF A REASONABLY SIMILAR PRODUCT, AS DETERMINED AT OUR SOLE DISCRETION, NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. RESGUIDE IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY YOU OR A THIRD PARTY THAT IS ACCESSED THROUGH THE APPLICATIONS AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT.

19. NO SUPPORT OR UPGRADE OBLIGATIONS. You agree that you are not entitled to any support, telephone assistance, corrections, Updates, upgrades, bug fixes and/or enhancements of the Applications from us or our distributors.

20. IMPORT/EXPORT CONTROL. The Applications are subject to export and import laws, regulations, rules and orders of the United States and foreign nations. You must comply with these laws that apply to the Applications. You may not directly or indirectly export, re-export, transfer, or release the Applications, any other commodities, software or technology received from us, or any direct product thereof, for any proscribed end-use, or to any proscribed country, entity or person (wherever located), without proper authorization from the U.S. and/or foreign government.

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23. ELECTRONIC NOTICES. YOU AGREE TO THIS LICENSE ELECTRONICALLY. YOU AUTHORIZE US TO PROVIDE YOU ANY INFORMATION AND NOTICES REGARDING THE APPLICATIONS (“NOTICES”) IN ELECTRONIC FORM. WE MAY PROVIDE NOTICES TO YOU (1) VIA E-MAIL IF YOU HAVE PROVIDED US WITH A VALID EMAIL ADDRESS OR (2) BY POSTING THE NOTICE ON A WEB OR MOBILE PAGE DESIGNATED BY US FOR THIS PURPOSE. The delivery of any Notice is effective when sent or posted by us, regardless of whether you read the Notice or actually receive the delivery. You can withdraw your consent to receive Notices electronically by discontinuing your use of the Applications. As long as you are able to access the Internet using the Applications, you will be able to receive electronic notices from us.

24. INDEMNIFICATION. Upon a request by us, you agree to defend, indemnify, and hold harmless us and our parent and other affiliated companies, and our respective employees, contractors, officers, directors, managers, suppliers and agents and distributors from all liabilities, claims, and expenses, including attorneys’ fees that arise from your use or misuse of the Applications. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

25. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES. You agree that the laws of the State of North Carolina govern this Agreement and any claim or dispute that you may have against us, without regard to North Carolina’s conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods will have no applicability. You further agree that any disputes or claims that you may have against us will be resolved by a court located in the State of North Carolina and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

BY AGREEING TO THESE TERMS OF USE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN THE STATE OF NORTH CAROLINA OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE STATE OF NORTH CAROLINA FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.

26. ENTIRE AGREEMENT. This Agreement and any supplemental terms constitute the entire agreement between you and us concerning the subject matter of this Agreement, which may only be modified by us.

27. GENERAL TERMS. (a) This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods. (b) If any part of this Agreement is held invalid or unenforceable, that part shall be construed to reflect the parties' original intent, and the remaining portions remain in full force and effect, or we may at our option terminate this Agreement. (c) A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof. (d) You may not assign or otherwise transfer by operation of law or otherwise this Agreement or any rights or obligations herein. We may assign this Agreement to any entity in our sole discretion and without notice to you. (e) This Agreement shall be binding upon and shall inure to the benefit of the parties, their successors and permitted assigns. (f) Neither party shall be in default or be liable for any delay, failure in performance or interruption of service resulting directly or indirectly from any cause beyond its reasonable control. This license has the same legal effect as an agreement in writing. If you do not agree, do not install, copy or use the Applications.

28. USERS OUTSIDE THE U.S. If you are using the Applications outside the U.S., then the provisions of this Section shall apply: (i) for Canada: Les parties aux présentés confirment leur volonté que cette convention de même que tous les documents y compris tout avis qui s'y rattaché, soient redigés en langue anglaise. (translation: "The parties confirm that this Agreement and all related documentation is and will be in the English language."); (ii) you are responsible for complying with any local laws in your jurisdiction which might impact your right to import, export or use the Applications, and you represent that you have complied with any regulations or registration procedures required by applicable law to make this license enforceable; and (iii) if the laws applicable to your use of the Applications would prohibit the enforceability of this Agreement, or impose any additional burdens on ResGuide, or confer any rights to you that are materially different from the terms and conditions of this Agreement, then you are not authorized to use the Applications and you agree to remove it from your computer. You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and that you are not listed on any U.S. Government list of prohibited or restricted parties.

If you have any questions or comments regarding this License, you may write to:

End User License Agreement for Skym Mobile Application

c/o ResGuide Legal Department

85 Vance Crescent Ext.
Asheville NC, 28806

Last Updated: 19 January 2021