Terms of Use

Last updated September 30, 2014

Welcome to the SmartSky NetworksTM, LLC (“SmartSky”) website (the “Website”). SmartSky provides access to the Website to you subject to the following Terms of Use (“Terms of Use”). The Website contains text, pictures, graphics, logos, images, works of authorship, computer code, look and feel, trade dress, technical information and other content, as well as available features or services discussed, referenced, provided or offered through or on the Website. THESE TERMS OF USE MAY BE UPDATED FROM TIME TO TIME WITHOUT NOTICE AT SMARTSKY’S DISCRETION UPON POSTING THE REVISED TERMS OF USE ON THE WEBSITE. BY ACCESSING AND USING THE WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE AND TO UTILIZE THE WEBSITE IN COMPLIANCE WITH THESE TERMS OF USE.

ELIGIBILITY

You represent and warrant that you are 18 years of age or older or using the Website under the supervision of a parent or guardian. You represent and warrant that the information you submit to SmartSky is true and accurate and that your use of the Website will not violate any applicable law or regulation.

PRIVACY

SmartSky collects registration and other information about you through your use of the Website. SmartSky’s collection and use of this information is governed by SmartSky’s Privacy Policy, available at http://smartskynetworka-slotedev.azurewebsites.net/privacy, which is expressly incorporated as a term of these Terms of Use.

LICENSE AND SITE ACCESS

SmartSky grants you a limited, revocable, nontransferable, nonexclusive license to access and use this Website. You may not modify, translate, enhance, decompile, disassemble, reverse engineer, or create derivative works of the Website or any portion of the Website without the express written consent of SmartSky. Neither this Website nor any portion of this Website may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. Except as may be authorized by SmartSky, you may not resell or make commercial use of this Website or its contents, or of any product or service listings, descriptions, or prices, or make any use of data mining, robots, or similar data gathering and extraction tools. Except as expressly provided herein, you may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, video, or form) of SmartSky without its express written consent. You may not use any meta tags or any other “hidden text” utilizing SmartSky’s name or trademarks without the express written consent of SmartSky. You may not use the Website in such a manner that threatens the integrity, security, performance, or availability of the Website. You must retain, without modification, all proprietary notices on the Website or affixed to or contained in the Website. Any unauthorized use, as determined solely by SmartSky, terminates this license.

SITE CONTENT

Other users of the Website may post certain information or provide opinions or advice as part of the Website. Information provided by users of the Website is solely the opinion of such users and does not express the opinions of SmartSky. When reviewing such information, you should not assume that the user is unbiased, independent, or qualified to provide the information or advice. SmartSky does not necessarily exercise editorial control over content created or posted by others. Where information contained on the Website comes from third parties, even where it may have been obtained by SmartSky, SmartSky makes no representations about the suitability of such content for any purpose. When reviewing any information on the Website including user-generated or provided by a third-party, it is important to understand that such information is not a guarantee by SmartSky, and that your actual experience may be different. Neither SmartSky nor any of its data or content providers guarantee the accuracy, completeness, or timeliness of information on the Website, and shall not be liable for any errors or delays in the content or for any actions taken in reliance thereon.

CUSTOMER SUBMISSION OF CONTENT TO THE WEBSITE

SmartSky may, from time to time, permit Users of the Website to post comments or information on the Website. If you do so, in consideration of your use of the Website, you agree as follows with respect to content submitted:

  • You are the sole author any content you post and that you have all necessary intellectual property rights with regard to the content you post;
  • you have voluntarily waived all “moral rights” that you may have in such content;
  • you have posted all accurate and truthful content;
  • you are at least 13 years old; and
  • use of the content you supply does not violate the Terms of Use and will not cause injury to any person or entity.

Additionally, all content submitted by you shall not:

  • Be false, inaccurate, or misleading;
  • infringe on any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
  • violate any law, statute, ordinance or regulation (including but not limited to those governing consumer protection, unfair competition or false advertising);
  • be (or be reasonably considered to be) defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership, or corporation;
  • include any information that references other websites, addresses, email addresses, contact information or phone numbers; or
  • contain any computer viruses, worms or other potentially damaging computer programs or files.

You further agree that SmartSky (and its officers, directors, equity owners, agents, creditors, subsidiaries, joint ventures, employees and third-party service providers) is not legally responsible for any and all kinds of claims, demands, and damages (actual, incidental and consequential). This may include but is not limited to attorneys’ fees arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.

With regard to all content submitted by you, SmartSky is hereby granted a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete fully, adapt, publish, translate, create derivative works from and/or sell and/or distribute and/or incorporate such content into any form, medium, or technology anywhere in the world without compensating you.

All submitted content may be used at SmartSky’s sole discretion. According to the exclusive determination of SmartSky, any content deemed in violation of these guidelines or any other condition of these Terms of Use may be condensed, changed, or deleted. SmartSky cannot guarantee that you will have the opportunity to edit or delete any submitted content. SmartSky reserves the right to remove or refuse to post any submission for any reason. There is no obligation of confidentiality on the part of SmartSky regarding any content you submit and you acknowledge that you, not SmartSky, are responsible for the contents of your submission.

SUBMISSIONS

You acknowledge that you are responsible for the information and material that you submit or transmit to the Website (your “Submissions”), and that you, and not SmartSky, will retain full responsibility for each of your Submissions, including its legality, reliability, appropriateness, originality, and copyright. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content and may not post material that consists of or contains political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not upload to, distribute, or otherwise publish through the Website any content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, hateful, or racially, ethnically or otherwise objectionable, or could give rise to any civil or criminal liability under U.S. or international law; (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties or (d) you were compensated for or granted any consideration for by any third party. You may not upload commercial content on the Website or use the Website to solicit others to join or become members of any other commercial online service or other organization. Harassment in any manner or form on the Website, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden.

Unless otherwise expressly stated herein or in SmartSky’s Privacy Policy, you agree that any Submission provided by you in connection with your use of the Website is provided on a non-proprietary and non-confidential basis. SmartSky reserves the right (but not the obligation) to remove or edit any Submission.

All Submissions become the property of SmartSky and by submitting a Submission you hereby automatically assign to SmartSky any and all rights of ownership to the Submission. SmartSky has the right to use, copy, reproduce, modify, adapt, transmit, publish, translate, distribute, create derivative works from, and display your Submissions in any way as SmartSky sees fit, in whole or in part, in any form, media and technology now known or later developed. You acknowledge that your Submission will not be returned and that SmartSky may use your Submission, and any ideas, concepts or know how contained therein, without payment of money or any other form of consideration, for any purpose and without any right to receive notice of, or to inspect or approve, any use of the Submissions. You grant SmartSky and its sublicenses the right to use the name that you submit in connection with such content, if they choose. You further represent and warrant that immediately prior to making a Submission: (i) you own all right, title, and interest in such Submissions, and (ii) the posting of your Submissions on or through the Website does not (and will not) violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity.

PRODUCT DESCRIPTIONS

SmartSky attempts to be as accurate as possible. However, SmartSky does not warrant that product descriptions, product prices or other content of this Website are accurate, complete, reliable, current, or error-free. If a product offered by SmartSky itself is not as described, your sole remedy is to return it in unused condition.

INTERNATIONAL ACCESS

This Website may be accessed from countries other than the United States. This Website may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Website outside the United States you are responsible for complying with your local laws and regulations.

COPYRIGHT

All content included on this Website, such as text, graphics, logos, button icons, images, video, audio clips, data compilation, and software, is the property of SmartSky or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of SmartSky and protected by U.S. and international copyright laws. All software used on this site is the property of SmartSky or its software suppliers and protected by United States and international copyright laws.

TRADEMARKS

SmartSky NetworksTM and other SmartSky graphics, logos, page headers, button icons, and scripts are trademarks, service marks, registered trademarks, registered service marks or trade dress of SmartSky in the U.S. and/or other countries. SmartSky’s trademarks, service marks and trade dress may not be used in connection with any product or service that is not SmartSky’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits SmartSky. All other trademarks not owned by SmartSky that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by SmartSky.

COPYRIGHT COMPLAINTS

SmartSky respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide SmartSky with the written information specified below:

The name, address, telephone number of the person authorized to act on behalf of the owner of the copyright interest;

  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the Website;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Please note that this procedure is exclusively for notifying SmartSky that your copyrighted material has been infringed.

DISCLAIMER OF WARRANTIES

YOUR USE OF THE WEBSITE CONTENT IS AT YOUR SOLE RISK. THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SMARTSKY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SMARTSKY DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SERVICE AND WEBSITE CONTENT, AND YOU RELY ON THE SERVICE AND WEBSITE CONTENT AT YOUR OWN RISK. SMARTSKY DOES NOT WARRANT THAT THIS WEBSITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, THEIR SERVERS, OR E-MAIL SENT FROM SMARTSKY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SMARTSKY OR THROUGH OR FROM THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE. SOME STATES MAY PROHIBIT A DISCLAIMER OF WARRANTIES, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

LIMITATION OF LIABILITY

SMARTSKY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATED TO THE USE OF THIS WEBSITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless SmartSky, and its directors, equity owners, employees, agents, independent contractors, service providers and consultants (collectively, the “Indemnified Parties”) from and against any third party claims, damages, loss, liability, costs and expenses, including reasonable attorney’s fees, arising out of your use of the Website and any discussion forums or interactive areas contained herein, including any actual or threatened suit, demand, or claim made against any of the Indemnified Parties arising out of or relating to your use of the Website, your Submissions, your violation of these Terms of Use, or your violation of the rights of any third party. You also agree to indemnify the Indemnified Parties for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.

NOTICES

Agreements, notices, disclosures and other communications to which these Terms of Use refer will be posted from time to time on this Website.

REMEDIES

You agree that SmartSky’s remedy at law for any actual or threatened breach of these Terms of Use would be inadequate and that SmartSky shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that SmartSky may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including attorneys’ fees. No right or remedy of SmartSky shall be exclusive of any other, whether at law or in equity, including damages injunctive relief, attorneys’ fees and expenses. No instance of waiver by SmartSky of its rights or remedies under these Terms of Use shall imply any obligation to grant any similar, future or other waiver.

APPLICABLE LAW

This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of North Carolina, excluding that body of law known as choice of law, and shall be binding upon the parties hereto in the United States and worldwide. All disputes with respect to this Agreement shall be brought and heard either in the North Carolina state courts located in Mecklenburg County, North Carolina, or the Federal District Court for the Western District of North Carolina located in Mecklenburg County, North Carolina. The parties to this Agreement each consent to the in personam jurisdiction and venue of such courts. The parties agree that service of process upon them in any such action may be made if delivered in person, by courier service, by telefacsimile or by first class mail, and shall be deemed effectively given upon receipt. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Website or these Terms of Use must be filed within one (1) year after such claim or cause of action arises.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

SmartSky reserves the right to make changes to our Website, policies, and these Terms of Use at any time. If any of these provisions shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provision.

CONTACTING SMARTSKY

If you have any questions or concerns about the Website or these Terms of Use, you can reach SmartSky through the following mailing address, telephone number or email:

SmartSky Networks, LLC
4690 First Flight Dr.
Charlotte, NC 28208 1-800-660-9982
info@smartskynetworks.com