SKYLOG

SkyLog Online Terms of Use

Please read these terms and conditions of use "The Terms and Conditions" carefully before using this site. These terms and conditions are legally binding on you. If you do not agree with any of these terms, do not access or otherwise use this site or any information contained on this site. Your use of this site shall be deemed to be your agreement to abide by each of the terms set forth below.

1. SERVICES AGREEMENT

Any products or services offered by Pacific DataVision, Inc. (“COMPANY”) shall be made available only pursuant to a written agreement between COMPANY and you or your employer. By virtue of you having been able to access www.SkyLogOnline.com (the “Site”), you or your employer should already have entered into a written agreement for the providing of certain services by Company to you or your employer (the “Written Agreement”). These Terms and Conditions are in addition to the terms and conditions contained in the Written Agreement. In the event of any conflict between these Terms and Conditions and the Written Agreement, the terms of the Written Agreement shall control.

2. OWNERSHIP

This web site located on the World Wide Web at the Site is the copyrighted property of COMPANY and/or its various third party providers and distributors. Except as express permitted in the Written Agreement, none of the software, content or data found on this Site may be reproduced, republished, distributed, sold, leased, subleased, transferred, transmitted, published or modified without the express written permission of COMPANY and/or its third party providers and distributors. In addition, the trademarks, logos and service marks displayed on this Site (collectively, the "Trademarks") are the registered and/or common law trademarks of COMPANY, its affiliates, and various third parties. Nothing contained on this Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks without the prior written permission of COMPANY or such other party that may own the Trademarks.

3. RESTRICTIONS ON USE

You will not, and will not permit or assist others to, (a) reverse engineer, de-compile, disassemble, or otherwise attempt to derive the source code form or structure of any software or content contained on this Site; or (b) assign, share, timeshare, sell, rent, lease, or otherwise transfer the software or content contained on this Site. Your use of the software and content contained on this Site may be subject to restrictions set forth in one or more license agreements between COMPANY and third party providers and distributors. All rights not expressly granted to you herein are reserved to COMPANY or the third party providers and distributors. There are no implied rights.

4. PASSWORD ACCESS

Access to this Site or to certain portions of this Site may be restricted to authorized users who have a valid password. If you are an authorized user of the Site, you agree that you are entirely responsible for maintaining the confidentiality of your password or your employees’ passwords and account information, if any, and agree to notify COMPANY if the password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that you are entirely responsible for any and all activities which occur under your account, whether or not you are the individual who undertakes such activities. You agree to immediately notify COMPANY of any unauthorized use of your account or any other breach of security in relation to the Site known to you.

5. SUBMISSIONS

You acknowledge that you are responsible for all information and material that you submit on this Site (each a “Submission”), and that you, and not COMPANY, will have full responsibility for each such Submission. Unless otherwise explicitly stated herein, you agree that any Submission provided by you in connection with this Site is provided on a non-proprietary and non-confidential basis. You agree that COMPANY shall be free to use and disseminate all Submissions on an unrestricted basis for any applicable purpose.

6. PRIVACY POLICY

Your privacy is important. COMPANY uses commercially reasonable efforts to respect and protect your privacy. It is COMPANY’s policy not to sell or rent any personally identifiable information about you to any third party. However, COMPANY does aggregate information and disclose information in the aggregate to third parties for marketing, promotional and other purposes. By way of example and not of limitation, such aggregate information may include statistics concerning pages searched, click through advertisements, number of visits to the Site, from which domains users arrive to the Site, territories in which Site users are located, which browsers are preferred by Site users, popular days and times for using the Site, etc. However, COMPANY does not disclose to third parties any information that could be readily used to personally identify you. Unfortunately, due to the existing regulatory environment, we cannot ensure that all of your private communications and other personal information will never be disclosed in ways not otherwise described herein. By way of example, we may be compelled under law to disclose information to the government or third parties under certain circumstances, or third parties may unlawfully intercept or access transmissions or private communications.

7. EXCLUSION OF WARRANTY

Your use of the site is at your sole risk. The site is provided to you on an "as is" and "as available" basis. COMPANY and any third party providers and distributors make no warranty of any kind regarding this site and/or any materials provided on this site. COMPANY and any third party providers and distributors do not warrant the accuracy, completeness, currency or reliability of any of the software, content or data found on this site and such parties expressly disclaim all warranties and conditions, implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific rights, which vary from state to state. The disclaimers in this paragraph are a material part of our agreement to provide the site to you.

8. LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, COMPANY assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in this site or your downloading of any materials, data, text, images, video or audio from the site. In no event shall COMPANY or any third party providers or distributors be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including, but not limited to lost profits or lost savings), whether based in contract, tort (including negligence), strict liability, or otherwise.

9. INDEMNIFICATION

You shall defend and indemnify COMPANY and any third party providers and distributors and their officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by you or on your behalf in excess of the liability described herein or by third parties as a result of your use of this Site.

10. GOVERNING LAW

This Agreement and its performance shall be governed by the laws of the State of California, United States of America, without regard to its conflict of laws provisions.

11. MODIFICATION

COMPANY may at any time modify, update, or otherwise change these Terms and Conditions without prior notice to you. Those updates, modifications, and changes will be fully binding on you from the time they are posted. You can always review the most current version of our Terms and Conditions on the Site, and are urged to do so on a regular basis. Any changes that are made to the Terms and Conditions will be binding on you even if you haven’t read them or are not otherwise aware of them. It is your responsibility to read these Terms and Conditions and keep apprised of all changes to them.

12. TERMINATION OF USAGE

COMPANY may terminate or restrict your access to all or part of the Site pursuant to the Written Agreement or in the event that you violate any of the Terms and Conditions.

13. SEVERABILITY

These Terms and Conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

14. MISCELLANEOUS

Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Company’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement.

15. HEADINGS

The headings used in these Terms and Conditions are included for convenience only and do not limit or otherwise affect these Terms and Conditions.

16. ENTIRE AGREEMENT

These Terms and Conditions and the Written Agreement constitute the entire agreement between us relating to the subject matter hereof, and supersede any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this Site. In the event of any conflict between these Terms and Conditions and the Written Agreement, the Written Agreement shall prevail. Any rights not expressly granted herein are reserved.