Terms of Service

Introduction

The following terms and conditions (“Terms”) govern all use of the SkyVerge.com website and all content, services, and products available at or through the website (taken together, the Website). The Website is owned and operated by SkyVerge®, Inc. (“SkyVerge”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, SkyVerge’s Privacy Policy) and procedures that may be published from time to time on this Site by SkyVerge (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.

Licensing

All of our WordPress plugins are licensed under the GNU general public license. Our plugins may be used by our customers on as many websites as they like; however, for any of our plugins or other products that are purchased at WooThemes.com, different terms apply. Please review the WooThemes Terms and Conditions.

Pricing & Refunds

SkyVerge, Inc, reserves the right at any time and from time to time to modify, temporarily or permanently, the pricing of the products, with or without prior notice.

Refunds can be processed at the sole discretion of SkyVerge, Inc within a 30-day period for all purchases through the SkyVerge.com Website. Refunds requested outside of this time window can be rejected. Refunds will be processed upon request, but SkyVerge reserves the right to refuse a refund at its discretion.

Refunds for products purchased via the WooThemes.com marketplace are subject to the refund policies of WooThemes.

Changes

We are constantly updating our services, and that means sometimes we have to change the legal terms under which our services are offered. If we make changes that are material, we will post them here. You are advised to check for changes from time to time. If you disagree with our changes, then you should stop using SkyVerge products within the designated notice period. Your continued use of our products will be subject to the new Terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.

Disclaimer of Warranties

The Website and SkyVerge products and services are provided “as is”. SkyVerge and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither SkyVerge nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

Limitation of Liability

In no event will SkyVerge, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to SkyVerge under this agreement during the twelve (12) month period prior to the cause of action. SkyVerge shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty

You represent and warrant that (i) your use of the Website will be in strict accordance with the SkyVerge Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification

You agree to indemnify and hold harmless SkyVerge, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

Waiver and Complete Agreement

The failure of SkyVerge to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and SkyVerge and govern your use of the Website, superseding any prior agreements between you and SkyVerge (including, but not limited to, any prior versions of the Terms of Service).

Translation

These Terms of Service were originally written in English (US). We may translate these Terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.

Termination

SkyVerge may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. This includes access to support and updates for purchased products (typically in response to abusive or harassing behaviors directed at support staff). If you wish to terminate this Agreement or your SkyVerge.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Miscellaneous

This Agreement constitutes the entire agreement between SkyVerge and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of SkyVerge, or by the posting by SkyVerge of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Pennsylvania, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Berks County, Pennsylvania.

Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Douglassville, Pennsylvania, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; SkyVerge may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Changes

2014-10-08: Added Waiver and Complete Agreement to assert that a decision not to exercise or enforce any right or provision in the Terms does not constitute a waiver to these rights in the future.


This ToS Policy is used and adapted via a Creative Commons Sharealike license from Automattic. You can view it here.