Terms and Conditions

Updated: January 18, 2021

Skidmore Technologies, LLC (“Skidmore Technologies, LLC”, “we”, and “us”)

You must be 13 years of age or older to purchase products of services on this site or submit information of any kind.

1. Terms

This application is provided by Skidmore Technologies, LLC. By accessing this this application, you are agreeing to be bound by these Terms and Conditions of Use (“Terms and Conditions”), all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. We reserve the right, at our sole discretion, to change or modify portions of these Terms and Conditions at any time. Please review our Privacy Policy, which also governs your visit to this application.

2. Intellectual Property

This website contains materials and other items relating to Skidmore Technologies, LLC and its products and services (the “Content”). The Content includes, but is not limited to information, data, text, images, graphics, registered and unregistered trademarks, illustrations, videos, software, audio clips, 3D Models (as defined below), or other forms.

All Content is copyrighted and subject to other intellectual property laws and is either owned or used with permission by Skidmore Technologies, LLC. This includes but is not limited to all parts, pieces, sections, and designs of body parts, 3D Models, equipment, accessories, and items in the character creator, both in aggregate and as separate pieces. Except as set forth in this User Agreement, you may not reproduce, distribute, transmit, modify, adapt, translate, distribute, sell, license, publish, publicly perform, prepare derivative works based upon, or otherwise use or exploit the Content. For the avoidance of doubt, you expressly agree that all intellectual property rights in and to any and all character or other design depictions or any 3D Models that you may create on or through the site (“Character Designs”) and all Content are the property of Skidmore Technologies, LLC and you hereby (A) irrevocably assign, transfer and convey, to the extent permitted by applicable law, all right, title and interest you may have in and to the Character Designs and the Content on a worldwide basis (including, without limitation, rights under patent, copyright, trademark, trade secret, unfair competition and related laws) to Skidmore Technologies, LLC or such other entity as Skidmore Technologies, LLC shall designate, to the extent ownership of any such rights does not automatically vest in Skidmore Technologies, LLC under applicable law, and (B) waive any moral rights therein to the fullest extent permitted under applicable law. You agree to execute any further documents and take any further actions requested by Skidmore Technologies, LLC to assist it in validating, effectuating, maintaining, protecting, enforcing, perfecting, recording, patenting or registering any of its right, title and interest in or to the Character Designs or the Content. Notwithstanding anything to the contrary contained in the foregoing, and for purposes of clarity, you will retain all ownership rights in and to the general and abstract elements of original characters that you created prior to using the Site, including their names and basic elements, which are considered User Content (as defined below), but the actual depictions of them and any 3D Models based on them that you may create on or through the Site are the property of Skidmore Technologies, LLC and considered Character Designs as set forth above.

You may download copies of the materials (image capture/screenshots) on Skidmore Technologies, LLC’S website for personal, non-commercial use only. These personal, non-commercial purposes include networked and public viewing such as on social media. This is the grant of a license, not a transfer of title, and under this license you may not:

Use the materials for any commercial purpose;
Attempt to decompile or reverse engineer any software contained on Skidmore Technologies, LLC’S web site;
Remove any copyright or other proprietary notations from the materials
You further agree not to or permit any other person to:
- (a) transmit, distribute or upload programs or material that contain malicious code, including, but not limited to viruses, time bombs, cancelbots, worms, Trojan horses, Easter eggs, spyware, or other potentially harmful programs or other materials or information;
- (b) send or enable the transmission of junk email, duplicative or unsolicited messages, or so-called “spamming” or “phishing”;
- (c) disrupt, impair, alter or otherwise interfere with the functions, features, Content or use of the site;
- (d) violate any laws, regulations, judicial or governmental order, any treaties, or violate or infringe upon any intellectual property rights, rights of publicity or privacy, or any other rights of ours or of any third party;
- (e) gain unauthorized access to the site; or
- (f) improperly display any TCP/IP packet header or part of the header information in any email or other postings.

This license shall automatically terminate if you violate any of these restrictions. This license may be terminated by Skidmore Technologies, LLC at any time. Upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

2.1 Downloadable 3D Model Files

Skidmore Technologies, LLC offers or may offer for purchase downloadable 3D model files that may include Character Designs (“3D Models”). Except as expressly provided in these Terms, Skidmore Technologies, LLC retains all ownership, right, title, and interest in the 3D models. The 3D Models may be printed or otherwise used for personal, noncommercial use and may not be resold, redistributed, or made available to third parties. Physical items printed from the 3D Models may not be sold or otherwise used commercially for any purpose, including as part of a larger project.

3.0 Account Registration; Account Use

3.1 Account Registration

If you create an account, you must provide us with complete and accurate information. You must promptly update such information to keep it complete and accurate. You are entirely responsible for maintaining the confidentiality of your password and account. You are entirely responsible for any and all activities that occur under your account. You may not use anyone else’s account at any time. We may remove or reclaim your username if we believe it is appropriate (such as in response to a trademark claim).

3.2 Security of Your Account

You agree to notify Skidmore Technologies, LLC immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss, damages, liability, expenses or attorneys’ fees that you may incur as a result of someone else using your password or account, either with or without your knowledge, to the fullest extent permitted by applicable law. You will be liable for losses, damages, liability, expenses and attorneys’ fees incurred by Skidmore Technologies, LLC or a third party due to someone else using your account.

3.3 No Obligation to Retain a Record of Your Account

Sky Castle has no obligation to retain a record of your account or any data or information that you may have stored for your convenience by means of your account or the services.

4. Limitations

4.1 Subscriptions

We offer subscription plans (each, a “Subscription”) that enable our users to access new features, content, and discounted prices. Our Subscriptions are subject to the terms below.

4.2 Subscription Renewal

SUBSCRIPTIONS AUTOMATICALLY RENEW. YOU ACKNOWLEDGE AND AGREE THAT EACH SUBSCRIPTION AUTOMATICALLY RENEWS UNLESS YOU CANCEL IT OR WE SUSPEND OR TERMINATE IT IN ACCORDANCE WITH THESE TERMS.

4.3 Imagicorns Subscription

An Imagicorns Subscription consists of a suite of image creation tools with unlimited output, and other “power user” features, including adding folder functionality to a User’s save files and other digital usability improvements. We may add or remove features from the Imagicorns Subscription. If you sign up for a Imagicorns Subscription, you will be immediately billed a one-time amount that is set forth when you sign up for the Imagicorns Subscription (as a non-refundable minimum purchase). Thereafter, your credit card will automatically be charged the recurring amount set forth when you sign up for your Imagicorns Subscription every 30/90/180/365 days depending on the subscription period you have chosen and your Imagicorns Subscription will renew at those intervals. Unless you timely cancel prior to the renewal date, you will be charged as described above.

4.4 Subscription Cancellation Policy

Customers may cancel at any time, subject to the time frames below. We do not place “holds” on Subscriptions. There are no cancellation fees. Cancellations must be effected prior to the billing date of the Subscription renewal. Cancellations will have no effect on any charges incurred prior and up to the end of the current subscription billing period, but will be effective as of the conclusion of the current subscription period.

4.5 Promo Codes

Skidmore Technologies, LLC may, from time to time in its sole discretion, offer certain promotional codes for discounts. Promotional codes are non-transferable and are not redeemable for cash, credit, or toward previous purchases. The promotion code must be redeemed at the time of checkout, unless otherwise advertised, and cannot retroactively be applied to a purchase. There is no cash alternative. Furthermore, unless stated otherwise in the promotion, promotional codes cannot be used in conjunction with any other offer or promotional discount, and must be redeemed by the date published, if provided. Lost promotional codes cannot be replaced. Unless stated otherwise in the promotion, there is a limit of one promotional code per customer. Promotional codes are void where prohibited. Any promotional program may be terminated or modified by Skidmore Technologies, LLC at any time in its sole discretion.

5. Terms of Sale

The following terms apply to your purchase of the products offered on the website, whether by way of a Subscription, “add-on” product, or otherwise (“Products”). The Products are for personal use only. You may not sell or resell any of the Products or services you purchase or otherwise receive from us. We have the right to refuse or limit any orders, and to limit quantities. We may grant or deny cancellation requests for individual orders in our sole and absolute discretion, including, without limitation, if we believe that your order may result in the violation of our Terms and Conditions (including our Privacy Policy).

5.1 Product Descriptions

We try to make the website thorough, accurate, and helpful to our customers. Nonetheless, there may be times when certain information contained on the website may be incorrect, incomplete, inaccurate, or appear inaccurate because of the browser, hardware, or other technology that you use. We apologize in advance for any such errors that may result in an incorrect price, inaccurate description, item unavailability or otherwise affect your order. We reserve the right to correct errors (whether by changing information on the website or by informing you of the error and giving you an opportunity to cancel your order) or to update Product information at any time without notice. Moreover, we attempt to be as accurate as possible when describing our Products, however, to the extent permitted by applicable law, we do not warrant that the Product descriptions, colors or other content available on the site are accurate, complete, reliable, current, or error-free.

5.2 Availability and Pricing

Skidmore Technologies, LLC reserves the right to change the prices and available Products and Subscriptions at any time. Any Subscriptions you have already paid for as of the date of such notice will not be affected by such change for the then-current term of the Subscription. We may occasionally make errors in the stated prices on this website. If a Product’s correct price is higher than the listed price, we will, in our discretion, either confirm the correct price with you or cancel your order and notify you of such cancellation.

5.3 Purchasing Products

The display of Products on the website invites you to make us an offer to buy the Products. Your order is an offer to buy the Products, which we accept only by charging you for the Products. Any confirmation that you receive after placing an order does not constitute an acceptance of your offer, and is subject to correction before shipment or delivery in the event of inaccuracies, errors, Product unavailability, or for any other reason.

5.4 Orders

We have the right to refuse or limit any orders, limit quantities, and Subscriptions. We will not be liable if a Product is unavailable or if shipment or delivery is delayed. Order may only be cancelled within 24 hours of purchase. After that, the orders are not cancelable. We may grant or deny cancellation requests for individual orders in our sole and absolute discretion. This sentence does not apply to Subscriptions, cancellation of which is subject to Section 4. We reserve the right to provide substantially similar products to fulfill your order.

5.5 Returns

Except as expressly stated otherwise herein, we do not allow returns or substitutions of Products. All sales are final.

5.6 Damaged or Incomplete Shipment

If you receive a damaged or incomplete shipment of Products, or if you are otherwise unhappy with any Product, please email us at [email protected]. We must receive notice of a damaged or incomplete shipment within ten (10) days of receipt (as shown on by our common carrier’s shipping _information). Any refunds or replacements are made solely at our discretion.

5.7 Payment

You authorize us (and any payment processor) to charge your payment card for all purchases you make, including regularly for Subscriptions. We accept the forms of payment stated on the Site and, for credit card payments, charge your credit card when your order is processed. The bank issuing your credit card may control when to release funds in the case of an order cancellation or refund. We reserve the right to use the payment information you provide us in connection with this payment to provide better service to you should you wish to use our service again in the future and to protect us from fraud and other losses. Completion of a payment transaction is contingent upon:

(a) you providing complete personal, account, transaction and any other information needed,
(b) authorization of the payment by your credit or debit card company, and
(c) acceptance of your payment.

You may cancel your payment prior to your final submission of it to us. We may, in our sole discretion, cancel your payment at any time by providing notice to you through your contact information or by a notice when you attempt to make a payment. We may cancel a payment or prevent you from initiating future payments for any reason, including, without limitation, the following: (i) if you attempt to use the website or the services in breach of any applicable law or regulation, including the card network rules or regulations; (ii) if you use the website or the services in breach of these Terms and Conditions; (iii) if we suspect fraudulent, unlawful or improper activity regarding a payment; (iv) if we detect, in our sole discretion, that your payments have excessive disputes, high reversal rates or present a relatively high risk of losses; or (v) failure to cooperate in an investigation or provide additional information when requested.

5.8 Transfer of Title and Risk of Loss/Damage

Title to and the risk of loss/damage of all Products passes from us to you at the time we deliver the Products to you directly in the case of digital delivery or to the common carrier for shipment in the case of physical Products. By purchasing Products on the website for shipment, you are asking us to engage a common carrier to deliver your order. In doing so, we are providing a service to and acting on behalf of you. We reserve the right to choose any and all procedures, packaging and the common carrier of sold Products. We may not be able to have your order shipped to a post office box, to certain addresses or on certain days. We reserve the right to ship your order in multiple boxes or shipments.

5.9 Taxes

Stated prices do not include any customs duties, sales, use, value-added, excise, federal, state, local or other taxes. You are solely responsible for the payment of such taxes related to your purchase. We have the right to charge you for any taxes that we believe we are required to pay or collect related to your purchase.

5.10 Gift Certificates

Gift certificates will expire or decline in value, or not, in accordance with the laws of the purchaser’s location at the time of purchase.

6. Third-Party Content and Services

The website may contain information and content provided by third parties. We have no obligation to monitor, we do not endorse, and we are not liable for any third-party content. In addition, the website may contain links to third-party websites. Skidmore Technologies, LLC is not responsible for the content on any linked site or any link contained in a linked site. We do not endorse or accept any responsibility for the content on such third-party sites. Third parties may offer their services directly to you through the website. In such case, you may be required to agree to the third party’s terms of service and/or privacy policy to use the service. Skidmore Technologies, LLC will not be liable in any way for the acts or omissions of such third party, the terms of service or privacy policy of the third party or its failure to adhere to its terms of service or privacy policy, or any loss, damages, liability or expenses (including attorneys’ fees) that you may incur arising from or related to such third party’s services or products.

7. Contributions to Skidmore Technologies, LLC

Any text, photographs, artwork, ideas, questions, reviews, comments, suggestions or other content that you submit or post to the website or otherwise provide to us, including, without limitation, any content you include in a profile you may create on our website, but not any Character Designs, which are owned exclusively by Skidmore Technologies, LLC as set forth in Section 2 above, are referred to as “User Content.” The following Terms apply to User Content:

7.1 License to Skidmore Technologies, LLC

By sharing, submitting or uploading any User Content, you grant Skidmore Technologies, LLC a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sublicensable and transferable license to use, copy, distribute, display, publish, perform, sell, transmit, adapt, translate, modify, reverse-engineer, disassemble, market for our own purposes, and create derivative works from your User Content in any manner existing now or created in the future. Subject to the license above, you retain ownership of User Content.

7.2 Waiver of Moral Rights

You irrevocably waive and agree not to assert any rights, including any “moral rights,” that you may have to prevent us from exploiting the rights granted in Section 7.1.

7.3 Right to Name and Likeness

You also grant us the right to use and display the name, photograph and any other information that you submit with any User Content for use in a public profile you may create on our website.

7.4 Your Responsibility for User Content

You acknowledge and agree that you are solely responsible for all the User Content that you make available through the website. Accordingly, you represent and warrant that: (1) you have all rights, licenses, consents, and releases necessary to grant Skidmore Technologies, LLC the required rights to disseminate any User Content and (2) neither your User Content nor your posting, uploading, publication, submission or transmittal of this User Content or Sky Castle Studio’s use of your uploaded User Content (or any portion thereof) on, through or by the means of the website, will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights or rights of publicity or privacy or result in the violation of any applicable law or regulation.

7.5 No Obligations Regarding User Content

We will not have any obligation to hold any User Content in confidence or compensate you or anyone else for its use. We have the right to remove or edit any User Content for any reason or no reason at all.

8. Infringement

8.1 Infringement Notification

Skidmore Technologies, LLC respects the rights of others and we expect users of our website and services to do the same. These Terms and Conditions prohibit the infringement of the copyrights of others, and it is also our policy that we may remove, suspend, terminate access of, or take other appropriate action against repeat offenders. We may also remove content that in our sole discretion appears to infringe the intellectual property rights of others.

8.2 How to File an Infringement Notification

If you have evidence, know, or have a good faith belief that content residing on or accessible through our website infringes a copyright which you own or for which you are a designated agent, please send a notice of infringement by fax, electronic mail or regular mail to Skidmore Technologies, LLC’Ss designated Copyright Agent to receive notifications of claimed infringement by one of the following means:

Skidmore Technologies, LLC
1053 Academy Drive
Rochester Hills, MI 48307

With the information that sets forth the items specified below:

Identify the copyrighted work claimed to have been infringed. If multiple copyrighted works are covered by a single notification, provide a representative list of such works.
Identify the material that is claimed to be infringing or to be the subject of infringing activity.
Include information reasonably sufficient to permit Skidmore Technologies, LLC to locate the material. Please provide a URL and screenshots for each item. Include the specific asset(s) or page(s) that you claim to be infringing. Say “entire work” ONLY if all assets/pages in a collection/document are infringing.
Include details of your claim to the material, or your relationship to the material’s copyright holder.
Provide your full name, address, and telephone number should we need to clarify your claim.
Provide a working email address where we can contact you to confirm your claim.
If true, include the following statement: “I have a good faith belief that use of the copyrighted materials described above as the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law.”
If true, include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the copyright owner to make this complaint.”
Sign the document, physically or electronically.

9. WARRANTIES; DISCLAIMER; LIMITATION OF LIABILITY; NOTICE TO NEW JERSEY RESIDENTS

9.1 NO WARRANTIES

THE WEBSITE, SERVICES AND PRODUCTS ARE PROVIDED “AS AVAILABLE” AND “AS IS” TO THE FULLEST EXTENT PERMITTED BY LAW, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND. SKIDMORE TECHNOLOGIES, LLC DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, EXPRESS, IMPLIED AND STATUTORY, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SKIDMORE TECHNOLOGIES, LLC DOES NOT WARRANT THAT ANY PRODUCTS WILL BE IN STOCK, SAFE, DEFECT-FREE, CONFORM WITH WRITTEN OR ORAL SPECIFICATIONS, GUARANTEES, REPRESENTATIONS, WARRANTIES OR PROMISES, OR THAT PRODUCTS WILL NOT BE LOST OR DAMAGED IN SHIPMENT. THIS PROVISION IS NOT INTENDED TO DISCLAIM LIABILITY THAT WE MAY NOT DISCLAIM UNDER APPLICABLE LAW.

9.2 USE OF SITE IS AT YOUR OWN RISK

SKIDMORE TECHNOLOGIES, LLC DOES NOT REPRESENT OR WARRANT THAT THE SITE, SERVICES OR EMAILS SENT TO YOU WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, FREE OF VIRUSES OR OTHER HARMFUL CODE, OR THAT ALL INFORMATION WILL BE ACCURATE OR COMPLETE. YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR HARDWARE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF MATERIAL OR DATA. SKIDMORE TECHNOLOGIES, LLC MAKES NO REPRESENTATION, WARRANTY, GUARANTEE OR PROMISE THAT THE PRODUCTS, WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR ACHIEVE ANY PARTICULAR RESULTS. SKIDMORE TECHNOLOGIES, LLC WILL NOT BE RESPONSIBLE FOR ANY THIRD- PARTY CONTENT OR SERVICES ON THE SITE, ANY LINKS TO THIRD-PARTY WEBSITES OR ANY THIRD-PARTY WEBSITES. PACKAGING, LABELS AND INSTRUCTIONS MAY CONTAIN MANUFACTURER DISCLAIMERS AND LIMITATIONS OF LIABILITY THAT APPLY TO THE PRODUCTS YOU PURCHASE. SKIDMORE TECHNOLOGIES, LLC MAKES ALL DISCLAIMERS IN THIS PARAGRAPH ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS.

9.3 NO CONSEQUENTIAL DAMAGES

IN NO EVENT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WILL SKIDMORE TECHNOLOGIES, LLC, ITS AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, ATTORNEYS, EMPLOYEES OR REPRESENTATIVES (COLLECTIVELY “SKIDMORE TECHNOLOGIES, LLC” FOR PURPOSES OF THIS SECTION) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM THE PERFORMANCE, USE OF OR THE INABILITY TO USE THE WEBSITE, SERVICES OR PRODUCTS, EVEN IF SKIDMORE TECHNOLOGIES, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, VIOLATION OF STATUTE OR OTHERWISE. SKIDMORE TECHNOLOGIES, LLC WILL NOT BE LIABLE FOR THE COST OF REPLACEMENT PRODUCTS, LOSS OF REVENUE, OR LOSS OF GOOD WILL.

9.4 OUR LIABILITY IS LIMITED

IN ANY EVENT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR AGGREGATE LIABILITY WILL NOT EXCEED THE AMOUNT PAID FOR THE PRODUCT(S) TO WHICH THE CLAIM RELATES OR, IF THE CLAIM DOES NOT RELATE TO A PRODUCT, $99.99. THIS PROVISION IS NOT INTENDED TO EXCLUDE LIABILITY THAT SKIDMORE TECHNOLOGIES, LLC MAY NOT EXCLUDE UNDER APPLICABLE LAW.

9.5 NOTICE TO NEW JERSEY RESIDENTS

Your rights are protected under the Truth- in-Consumer Contract, Warranty and Notice Act and New Jersey law generally. The following provisions in these Terms do not apply to you and are not intended to vary, diminish or alter your rights under New Jersey law: specifically, nothing in these Terms limits, varies, diminishes, affects, or otherwise voids or alters your rights under New Jersey law as they relate to the following: limitations of liability or exculpation (such as limitations on indirect, incidental, special, exemplary, consequential or similar damages); dispute resolution; indemnification; venue or jurisdiction; statutes of limitation or repose periods for bringing claims; plain language requirements; and warranties. Your rights regarding these specific provisions will be governed by New Jersey law. In the event of any conflict between these Terms and New Jersey law, New Jersey law shall govern.

10. Indemnity

You agree to defend, indemnify and hold harmless Skidmore Technologies, LLC, its affiliates and their respective directors, managers, officers, attorneys, employees and agents (the “Indemnified Parties”) from and against any and all claims, damages, losses, liabilities and expenses (including attorneys’ fees) incurred in connection with any third-party claim brought or asserted against any of the Indemnified Parties: (a) alleging facts or circumstances that would, if true, constitute a violation of any provision of these Terms and Conditions by you or (b) arising from or related to our use of your User Content in the context of the website. You may not settle any such claim without our express written consent. This defense and indemnification obligation is intended to extend to the fullest extent permitted by applicable law and will survive these Terms and Conditions and your use of the Site.

11. Revisions and Errata

The Content appearing on Skidmore Technologies, LLC’Ss website could include technical, typographical, or photographic errors. Skidmore Technologies, LLC does not warrant that any of the Content on its web site are accurate, complete, or current. Skidmore Technologies, LLC may make changes to the Content contained on its web site at any time without notice. Skidmore Technologies, LLC does not, however, make any commitment to update the Content.

12. Links

Skidmore Technologies, LLC has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Skidmore Technologies, LLC of the site. Use of any such linked web site is at the user’s own risk.

13. Disputes

By using the website, you agree that any dispute in any manner arising out of or relating in any way to the Terms and Conditions shall be submitted to binding arbitration with an arbitrator to be selected solely by Skidmore Technologies, LLC in the Rochester Hills, MI area. The parties to arbitration may use legal counsel at their own expense, and the prevailing party shall be entitled to its reasonable attorney’s fees. All costs of arbitration (including arbitrator fees) shall be paid by Skidmore Technologies, LLC, except only if the arbitrator determines the claims are frivolous, or Skidmore Technologies, LLC makes an offer to settle the matter for an amount greater than or equivalent to the amount of an award made by the arbitrator, or that if you bring the arbitration, you may be charged an initial filing fee that shall not exceed the filing fees that you would incur for bringing an action in court. This provision will not affect any claimant’s rights to seek relief from small claims court. Claims brought on behalf of or allegedly representing or including other persons or entities, including but not limited to any class, consolidated, representative, collective or private attorney general action, shall be a “Class Action.” Notwithstanding anything else in the Privacy Policy but subject to the exception for injunctive or equitable relief and public injunctive relief below, any parties subject to this arbitration provision shall be barred from bringing or participating in any Class Action related to a dispute covered by this arbitration provision. You also acknowledge and understand that, with respect to any dispute with us, our officers, directors, managers, employees, attorneys, agents or affiliates, arising out of or relating to your use of the website or these Terms and Conditions: YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE. However, if these Class Action restrictions are ever deemed illegal or unenforceable, they shall be severed from this arbitration provision. In that event, any Class Action shall by exempt from this arbitration provision and brought in court. This arbitration provision is subject to the Federal Arbitration Act, and may be enforced in any court of competent jurisdiction. Judgment on any arbitration award may be entered in any court having valid jurisdiction thereof. This clause shall not preclude the parties from seeking provisional remedies in aid of arbitration from a court of with appropriate jurisdiction, including equitable relief or other provisional relief as appropriate and as allowed under this agreement, in which case the parties submit to the sole and exclusive jurisdiction and venue of the state and federal courts of 1053 Academy Dr., Rochester Hills, MI 48307.

14. General

Under no circumstances shall Skidmore Technologies, LLC be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control. You acknowledge and agree that these Terms and Conditions, which include our Privacy Policy and Cookie Policy, constitute the complete and exclusive agreement between us concerning your use of the website, and supersede and govern all prior proposals, agreements, or other communications.

We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Site and any changes are effective immediately.

Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.