Last updated September 7, 2021

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AGREEMENT TO TERMS

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Welcome to skape!

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These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and skape Industries LLC, doing business as skape ("skape", “we”, “us”, or “our”), concerning your access to and use of the https://www.skape.us website and our iOS and Android mobile applications named skape (“skape’) and skaper (“skaper”) as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected to skape.

You agree that by accessing our website or our mobile applications, you have read, understood, and agreed to be bound by all of these Terms of Use. PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS OF USE BEFORE USING THIS WEBSITE, OUR MOBILE APPLICATIONS OR ANY OF THE SERVICES AND OTHER APPLICATIONS. If you do not agree to these Terms and Conditions, please do not access or use this website, Mobile applications, or the products or services offered thereby.

By accessing or using our Services, whether or not you register to use the Service, you agree to the terms of this Agreement and to the collection, use and disclosure of your information as set forth in our Privacy Policy, which establishes a contractual relationship between you and skape. This Agreement supersedes prior agreements or arrangements with you. You should review the Agreement before providing us with any information.

As a condition of this Agreement, you further acknowledge that we may, in our sole discretion, modify this Agreement at any time by providing notice. That notice may be given (i) by notification through our website or mobile applications or by e-mail, or (ii) by posting a revision to these Terms and Conditions and changing the last updated notice above. Your continued access or use of the Services after such notice or posting constitutes your consent to be bound by the Agreement, as amended. You affirm that you will review this Agreement periodically, so that you are aware of any and all modifications made to this Agreement.

Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms, if any, will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Agreement for the purposes of the applicable Services. Supplemental terms shall prevail over the terms of this Agreement in the event of a conflict with respect to the applicable Services.

Supplemental terms and conditions or documents that may be posted on the website from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the website after the date such revised Terms of Use are posted.

The information provided on the website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the website 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 website is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the website.

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THE SERVICES

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skape is an on-demand landscaping service that enables homeowners and other property owners to schedule the time and day they would like to have a landscaper show up to their selected property to perform a job based on the landscaping services they have chosen using skape’s mobile applications which is provided as part of the Services (each of the mobile applications is an “Application”). After scheduling the job using the Application, a landscaper, which is an independent landscaper working with skape (“Third Party Landscaper'') or a third party contractor, which is an independent contractor working with skape (''Third Party Contractor ''), will use our mobile application named skaper (“skaper”) to bid on jobs that a homeowner or property owner has created for their property. If their bid is desirable, the homeowner or property owner on our other mobile application named skape (“skape”) will accept their bid. Once accepted, the landscaper will arrive at the property on the day and time that the user has specified to complete the job. Our services that a homeowner or property owner can choose from consist of mowing and edging, leaf removal, hedge trimming, mulching, weed removal, and snow plowing.

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OWNERSHIP AND RESTRICTIONS ON USE OF MATERIALS

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The Services, including, but not limited to, the text, content, photographs, images, video, audio, graphics, and any software (including any files or images incorporated in or generated by the software, or any data accompanying the software) available on or through the Services, or contained in the Services (“Materials”) are owned and operated by skape with the exception of the images and text for the landscaping services, and other icons which are not owned by skape but are provided for free from Apple and Android. The Services and the Materials are protected by copyright, trademark, trade dress, domain name, patent, trade secret, international treaties and/or other proprietary rights and laws of the United States and other countries.

Except as otherwise indicated in the Services and except for the trademarks, service marks and trade names of other companies that are or may be displayed in the Services, all trademarks, service marks, trade dress and trade names are proprietary to skape. Please note that the images and texts for the landscaping services are produced and owned solely by the manufacturer (i.e. icons8.com, appicon.co, etc.).

By accessing and using the Services, you acknowledge and agree to abide by all applicable intellectual property laws, as well as any additional notices or restrictions contained in this Agreement.

No Materials from the Services and Applications may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except that you may download one copy of the Materials on any single computer for your non-commercial use only, provided that you keep intact all copyright and other proprietary notices. You may not use any automated device, computer program, tool, algorithm, bot or similar process to mine or systematically scrape or extract Materials from this website or our mobile applications. Modification of the Materials or unauthorized use of the Materials for any other purpose is a violation of skape’s trademark, copyright, trade dress and other proprietary rights. The use of any such Materials on any other website or networked computer environment is prohibited unless approved in advance and in writing by skape.

In the event that you download any software from the Services, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) is non-exclusively licensed to you by skape. skape does not transfer title to the Software to you. skape retains full and complete title to the Software, and all intellectual property rights therein. You shall not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.

Nothing contained in the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the Materials or proprietary content without the express written permission of skape or such other party as may own the proprietary rights.

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LICENSE

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Subject to your compliance with the terms of the Agreement, skape grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related Materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by skape and skape’s licensors.

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USE OF THE SERVICES

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USER REQUIREMENTS AND CONDUCT/USER ACCOUNTS

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In order to use most aspects of the Services, you may have to register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age to obtain an Account. Account registration requires you to submit certain personal information to skape, such as your name, email, address and mobile phone number, as well as at least one valid credit card. However, we do not store or save any personal credit card information. Your credit card information is saved to your local device only. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired credit card on file, may result in your inability to access and use the Services or skape’s termination of this Agreement with you. You are responsible for all activity that occurs under your Account, and, as such, you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by skape in writing, you may only possess one Account.

The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to use the Services unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes. In certain instances, skape, a Third Party Landscaper or a Third Party Contractor may require you to provide proof of identity to access or use the Services, and you agree that you may be denied access or use of the Services if you refuse to provide proof of identity.

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

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TEXT MESSAGES

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By creating an Account, you agree that the Services may send you informational text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages from skape at any time by sending a request to support@skape.us or by replying STOP to any message you receive. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.

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PROMOTIONAL CODES AND SPECIAL OFFERS

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skape may, skape’s sole discretion, create promotional codes that may be redeemed for Account credit or other features or benefits related to a Third Party Contractors or Third Party Landscaper, subject to terms that Cleanly may establish on a per promotional code basis (“Promo Codes”).

You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public, unless expressly permitted by skape, in advance in writing; (iii) may be disabled by skape at any time for any reason without liability to skape; (iv) are not valid for cash; and (v) may expire prior to your use. skape reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that skape determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or the terms of the Agreement.

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SUBSCRIPTION PRICE 

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The subscription price is as cited on the iOS and Android app stores and may change from time to time.

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NETWORK ACCESS AND DEVICES

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You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. skape does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

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DAMAGED OR LOST ITEMS

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It is our priority to supply the best care to your property (or properties) and we appreciate your trust.

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Reimbursement Guidelines

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For damaged items, any reimbursement for an item deemed damaged by skape shall be limited to and shall not exceed five (5) times the charge for our landscaping services (not inclusive of tax and other fees) regardless of brand, price or condition of the item. To the fullest extent permitted by law, skape’s aggregate liability in connection with a damaged item shall not exceed the foregoing amount. skape’s offer for reimbursement is valid for ten (10) business days once the offer is made. Any attempts at redemption beyond that will be evaluated on a case by case basis. All decisions on damaged items are in skape’s sole discretion and are final.

skape additionally is not liable for damage caused by you not selecting the correct service when placing an order (e.g. selecting snow plow and not mulching).

Any damaged items must be reported by emailing us at support@skape.us within seven (7) days of the completed job. Notifying skape via SMS is insufficient. All damaged items must be inspected by skape through digital photos of each damaged item, within seven (7) days of the completed job. All decisions on damaged items are in skape’s sole discretion and are final.

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Damaged Items

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Although we do our best to prevent any damages to your property, unfortunately every property has some flaws that our Third Party Contractors and Third Party Landscapers might make worse or expose, and there is nothing skape can do to predict when this will happen, or prevent it. For damage related to normal wear and tear of a property, skape does not provide reimbursement or compensation.

Per industry standards, the following are considered to be normal wear and tear:

• Dying grass, plants, trees, bushes, flowers

• Scratched pavement, bricks, rocks, etc.

• Exposed rocks

• Damaged or leaking sprinkler heads

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REFUNDS & EXCHANGES

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If you’re unhappy with the service provided by skape, you can email support@skape.us and place a request for either a discount on your next job or a refund.

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Refunds

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You can typically receive a refund for your job by emailing us at support@skape.us.

Please include an explanation and any images related to the complaint. skape may also request a conversation with yourself to understand the reason for your request. skape will investigate the claim and make a final determination of whether your request qualifies for a refund. All decisions around refunds are at the sole discretion of skape.

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USER CONTENT AND INTERACTIVE AREAS

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We may provide interactive opportunities in the Services, including, without limitation, user ratings and reviews, saved favorites and saved instructions, (collectively, “Interactive Areas”) for the enjoyment of our users.

You represent and warrant that you are the owner or otherwise have the right to provide any information, comments, reviews, ratings or other materials or content submitted, posted or otherwise transmitted to the Services (“User Content”). In addition, in consideration of the Services accepting User Content, you hereby grant to skape an irrevocable, transferable, paid up, royalty-free, perpetual, non-exclusive worldwide sub-licensable license to use, copy, print, display, modify, edit, remove, publicly perform, translate and create derivative works from and distribute or otherwise use and reproduce User Content on the Services and in all forms of media now known or hereafter invented, including but not limited to such uses as on and in the Services throughout the world in all forms of media now known or hereafter invented in perpetuity (collectively, the “Uses”) and the right to, in skape’s sole option and discretion, attribute such User Content to the user submitting the User Content. In consideration of submitting User Content, you consent to the Uses of the User Content without further consideration, compensation, attribution, notification or other additional consideration and to skape’s disclosure of any information related to your use of the Services in any capacity in connection with skape’s display of your User Content on the Services. You also agree to indemnify and hold skape harmless from any claim or demand, including reasonable attorneys’ fees, made by any party arising out of the Uses of the User Content that you submit on our Services. You waive any rights you may have in having the User Content edited, altered or changed in any manner not acceptable to you.

Some submissions or postings by users to certain parts of the Services, including, without limitation, Interactive Areas, will be public and posted in public areas on our Services. skape and any contract or operational providers that conduct, operate and/or manage any portion of the Services will not be responsible for the action of any users or third parties with respect to any information, materials or content posted, uploaded or transmitted on the Services.

By participating in any of the aforementioned activities, all users agree to follow the Services standards of conduct. skape reserves the right to change, delete or remove, in part or in full, any postings in Interactive Areas and to terminate or suspend access to such areas of the Services for conduct that we believe, in our sole discretion, interferes with other peoples’ enjoyment of our Services. skape will also cooperate with local, state and/or federal authorities to comply with applicable law.

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NO UNLAWFUL OR PROHIBITED USE/MONITORING OF SERVICES

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By participating in any of the aforementioned activities, all users agree to follow any standards of conduct posted through the Services. Without limiting the foregoing, you shall not provide any User Content that is infringing, defamatory, unlawful, obscene, sexually explicit, harassing, threatening, abusive, illegal or otherwise improper. skape reserves the right to change, delete or remove, in part or in full, any User Content in Interactive Areas and to terminate or suspend access to such areas of the Services for conduct that we believe, in our sole discretion, violates acceptable use standards or interferes with other peoples’ enjoyment of our Services. skape will also cooperate with local, state and/or federal authorities to comply with applicable law. skape reserves the right, in its sole discretion, to monitor any and all use of the Services.

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VIOLATIONS OF THE AGREEMENT

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skape reserves the right to seek all remedies available at law and in equity for violations of the Agreement, including the right to block access from a particular Internet address to the Services.

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TERMINATION OF SERVICES

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skape reserves the right, in its sole discretion, to terminate your access to the Applications and Services or any portion thereof at any time. We will use commercially reasonable efforts to attempt to notify you of such termination. skape reserves the right to cancel Services and/or your Account for cause, such as if a delivery website is unsuitable, inaccessible or unsafe, or due to force majeure or inappropriate or abusive activity by you or third parties. In the event of any termination, you will be responsible for paying for Services performed prior to termination.

The Agreement shall continue to apply for as long as you use the Services, and any provisions contained herein which by their nature or effect are required or intended to be observed after termination will survive termination and remain binding, including the provisions regarding your indemnification obligations, our limitations of liability and the resolution of disputes through arbitration.

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PAYMENT

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You understand that use of the services may result in payments by you for the services you receive (“Charges”). After you have received the service ordered through your use of the Service and Applications, skape will process payment of the applicable Charges, using the preferred payment method designated in your Account, and will send you a receipt by email.

The Charges include the price for the landscaping services you have chosen for a job request (if you are a homeowner or property owner) or if you are a Third Party Landscaper or a Third Party Contractor including, the monthly subscription price we have designated on both iOS and Android app stores which you can agree to pay for upon downloading our skaper (“skaper”) mobile application from one of the aforementioned app stores. 

skape will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by skape. Any request for lower Charges or disputes regarding the Charges should be addressed to skape by contacting support@skape.us.

If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that skape may use a secondary payment method in your Account, if available. Please note that in the event you dispute any part of a valid Charge via chargeback, you agree that skape have the right at our option to pursue you for payment, to seek reimbursement of any related costs incurred by us, to turn any past due account over to collections and/or report delinquent payment to credit bureaus.  skape reserves the right to establish, remove and/or revise prospective Charges for any or all aspects of the Services at any time in skape’s sole discretion.  The Charges indicated via the Services at the time of your job request or upon downloading our skaper (“skaper”) mobile application shall apply (subject to any applicable discounts or promotions). skape may from time to time provide certain users with promotional offers and discounts that may result in different Charges for the same or similar Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you.

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DISCLAIMERS, LIMITATIONS OF LIABILITY, INDEMNITY

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DISCLAIMER

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The Landscaping Services are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, skape and its officers, directors, employees, agents or representatives disclaim with respect to the Landscaping Services herein all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. It is your responsibility to carefully read and inspect any service you purchase through our Applications upon your receipt to determine safety and appropriateness for your use. skape does not represent or warrant that the functions contained in the Services will be uninterrupted or error-free, that defects will be corrected, or that the Services or the server that makes it available are free of viruses or other harmful components. skape does not warrant or make any representations regarding the use or the results of the use of the Services in terms of their correctness, accuracy, reliability, timeliness, completeness, correctness, or otherwise. You (and not skape) assume the entire cost of all necessary servicing, repair, or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

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LIMITATION OF LIABILITY

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To the fullest extent permitted by law, under no circumstances, including, but not limited to, negligence, shall skape or its officers, directors, employees, agents or representatives be liable to you or any third party for any special, consequential, incidental, direct, indirect, or punitive damages or any other loss or injury that result from the use of, or the inability to use, the Landscaping Services, even if skape or a skape authorized representative has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation may not apply to you. In no event shall skape have any liability for any damages, losses and other causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) for accessing or using the Services or engaging the services of a third party through or after accessing the Services.  To the fullest extent permitted by law, your sole remedy with respect to damaged items is as provided above in the sections entitled “Damaged Items”. If, notwithstanding the foregoing exclusions, it is determined that skape or its agents, employees, officers or directors is liable for damages, in no event shall  skape’s total liability to you for all damages, losses, and causes of action (whether in contract, tort or otherwise) related to the Applications or Services exceed the amount paid by you, if any, for such Application or Services.

These limitations do not purport to limit liability that cannot be excluded under the law in the jurisdiction of this Agreement. The limitations of liability in this section are not applicable to residents of New Jersey.  With respect to residents of New Jersey, skape and its affiliates are not liable for any damages unless such damages are the result of our negligent, reckless or intentional acts or omissions; and to the fullest extent permitted by law we are not liable for incidental, special or consequential damages.

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USE OF LINKS

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The Services may contain links to other websites and services which are developed, sponsored and/or maintained by third parties. skape does not review, monitor, operate or control any such third party website/services accessible through these links, and is not responsible for the content available on or through such third party websites/services. By providing access to the linked websites/services, skape is not recommending or endorsing the products or services provided by the sponsor or owner of those websites/services. skape makes no guarantees, representations or warranties as to, and shall have no liability for, any electronic content delivered by any third party, including, without limitation, the accuracy or subject matter of any electronic content, or the use of any personal information you provide to any such website/services. You acknowledge and agree that use of such links is entirely at your own risk. skape reserves the right to discontinue links to any other website at any time and for any reason.

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INDEMNITY

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To the fullest extent permitted by law, You agree to indemnify and hold skape and its officers, directors, employees and agents, harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the Services; (ii) your breach or violation of any of this Agreement; (iii) skape’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Contractors and Third Party  Landscapers. This indemnification section does not apply to skape’s own negligence, recklessness or intentional conduct.

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GUIDELINES FOR REVIEWS

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We may provide you areas on the website or our mobile applications to leave reviews or ratings. When posting a review, 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 at our sole discretion. We have absolutely no obligation to screen reviews or to delete 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 review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sub-licensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.

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SOCIAL MEDIA

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As part of the functionality of the website or  our mobile applications, 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 website; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose 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 of 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 additional 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 website. 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 website 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 review 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 website. You can deactivate the connection between the website and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.

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SUBMISSIONS

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You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the website or our  mobile applications ("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 warrant 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.

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THIRD-PARTY WEBSITE AND CONTENT

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The website,  or our mobile applications, may contain (or you may be sent via the website or our mobile applications) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the website, our mobile applications, or any Third-Party Content posted on, available through, or installed from the website or our mobile applications, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the website or our mobile applications and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware of these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the website, our mobile applications, or relating to any applications you use or install from the website or our mobile applications. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.  

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WEBSITE MANAGEMENT

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

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PRIVACY POLICY

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We care about data privacy and security. Please review our Privacy Policy   ( https://www.skape.us/privacypolicy ) or in the menu on both of our mobile applications. By using the website or our mobile applications, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised that the website and our mobile applications are hosted in the United States. If you access the website or our mobile applications from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the website, you are transferring your data to the United States, and you agree to have your data transferred to and processed in the United States.

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MODIFICATIONS AND INTERRUPTIONS

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We reserve the right to change, modify, or remove the contents of the website or our mobile applications at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our website or our mobile applications. We also reserve the right to modify or discontinue all or part of the website or our mobile applications without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the website or our mobile applications.  

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

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MISCELLANEOUS

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GOVERNING LAW AND ARBITRATION

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These Terms of Use and your use of the website or our mobile applications are governed by and construed in accordance with the laws of the State of Delaware applicable to agreements made and to be entirely performed within the State of Delaware, without regard to its conflict of law principles.

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Informal Negotiations

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To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a "Dispute" and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least sixty (60) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

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Binding Arbitration

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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 through 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 appropriate, 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 appropriate, limited by the AAA Consumer Rules. 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 provide 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 New Castle, Delaware. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.        

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in New Castle, Delaware, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) is excluded from these Terms of Use.

In no event shall any Dispute brought by either Party related in any way to the website be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion 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.

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Restrictions

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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 utilize 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.

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Exceptions to Informal Negotiations and Arbitration

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The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning 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 injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion 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.

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CORRECTIONS

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

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USER DATA

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We will maintain certain data that you transmit to the website or our mobile applications for the purpose of managing the performance of the website and our mobile applications, as well as data relating to your use of the website and our mobile applications. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the website or our mobile applications. 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.

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ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

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Visiting the website or our mobile applications, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the website or our mobile applications, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF 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 WEBSITE OR OUR MOBILE APPLICATIONS. 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. 

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CONTACT US 

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

skape Industries LLC

36 Jay Ct

Northport, NY 11768

United States

Phone: 6317429284

Email: support@skape.us