Updated: May 23, 2018
Everyday language summaries are provided for your benefit but are not legally binding.
1. Permitted Use of the Site
Our Content is provided for your educational purposes and to inform you about our products and services.
2. Prohibited Use of the Site
By accessing the Site, you agree that you will not:
- Use the Site in violation of the terms of SK America's Acceptable Use Policy attached hereto;
- Copy, modify, create a derivative work from, reverse engineer or reverse assemble the Site, or otherwise attempt to discover any source code, or allow any third-party to do so;
- Sell, assign, sublicense, distribute, commercially exploit, grant a security interest in or otherwise transfer any right in, or make available to a third-party, the Content or any Site, our Platform, or other products and services we provide (collectively, the Site, Platform, and other products and services are our “Service”) in any way;
- Use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Site in a manner that sends more request messages to the SK America servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser;
- Use the Site in any manner that damages, disables, overburdens, or impairs any SK America website or interferes with any other party's use and enjoyment of the Site;
- Mirror or frame the Site or any part of it on any other website or web page;
- Attempt to gain unauthorized access to the Site;
- Access the Site by any means other than through the interface that is provided by SK America for use in accessing the Site; or
- Use the Site for any purpose or in any manner that is unlawful.
Any unauthorized use of any Content or the Site may violate patent, copyright, trademark, and other laws.
Don’t use our Content or Site illegally or abusively. Comply with our Acceptable Use Policy.
3. Copyrights and Trademarks
The Site is based upon proprietary SK America technology and includes the Content. The Site is protected by applicable intellectual property and other laws, including trademark and copyright laws. The Site, including all intellectual property rights in the Site, belongs to and is the property of SK America or its licensors (if any). SK America owns and retains all copyrights in the Content. Except as specifically permitted on the Site as to certain Content, the Content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivative works based on the Content or the Site, in whole or in part, by any means. SK America, the SK America logos, and other marks used by SK America from time to time are trademarks and the property of SK America. The appearance, layout, color scheme, and design of the Site are protected trade dress. The customer does not receive any right or license to use the foregoing. SK America may use and incorporate into the Site or our Service any suggestions or other feedback you provide, without payment or condition.
Under Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement on the Site or the Service should be sent to SK America’s designated Copyright Agent. See the Claims of Copyright Infringement instructions below.
The Site and Content belong to us. You are not allowed to re-use it for your own purposes unless we give permission. If you think we have infringed any of your copyrights, see the Claims of Copyright Infringement section below.
4. Information and Materials You Post or Provide
You have the rights to provide any Material you post to the Site or provide to us. You will not supply any Material that is false, illegal or offensive.
5. Links to Third-Party Web Sites
SK America might provide convenience links to third-party sites, but we are not responsible for them.
6. Downloading Files
SK America cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs.
Files you download from us are not guaranteed as virus-free.
7. Disclaimers; Limitations of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SK AMERICA AND ITS SERVICE PROVIDERS, LICENSORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER TYPE OF DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR COVER OR LOSS OF USE, DATA, REVENUE OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY CONTENT, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, THE FAILURE OF ANY LIMITED REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE, EVEN IF SK AMERICA OR ANY OF SK AMERICA’S SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
We provide the Site and the Content on an “as is” basis and broadly disclaim liability to you.
10. Additional Terms of Service
If you are a customer of SK America or an employee, representative or agent of an SK America customer, your use of the SK America Service is subject to SK America’s Service Terms or other separate agreement with SK America.
Our customers also enter into a separate customer agreement with us. Others may also do so.
11. General Provisions
b. Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. SK America, therefore, reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. SK America does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
We may correct errors in the Content but are not obligated to do so.
© 2017 SK America LLC. All rights reserved.
Claims of Copyright Infringement
SK America respects the intellectual property rights of others, and we ask our users to do the same. SK America may, in its sole discretion, suspend the access or terminate the accounts of users who violate others’ intellectual property rights.
If you believe that your work has been copied in a way that constitutes an infringement on SK America’s website, please provide the following information to SK America’s Copyright Agent:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (“Complaining Party”)
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit SK America to locate the material;
- Information reasonably sufficient to permit SK America to contact the Complaining Party, such as address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The SK America Copyright Agent for notice of claims of copyright infringement on or relating to this website (“Notifications”) can be reached either by sending an e-mail to [email protected] or by sending a letter via U.S. Mail to 7145 Pleasant View LN Highland, CA 92346, Attn: SK America Copyright Agent.
Acceptable Use Policy
This Acceptable Use Policy (“AUP”) applies to the use of any website, Platform or other Service provided by us (SK America), whether we provide it directly or use another party to provide it to you. This AUP is designed to ensure compliance with the laws and regulations that apply to the Service. This AUP also protects the interests of all of our clients and their customers, as well as our goodwill and reputation. These terms are so important that we cannot provide the Service unless you agree to them. By using the Service, you agree to these terms.
If you are using any Service, this AUP applies to you. You are not allowed to assist or engage others in a way that would violate this AUP. We will enforce and ensure compliance with this AUP by using methods we consider to be appropriate, such as complaint and email failure monitoring.
No SPAM Permitted
You may not use our Service in any way (directly or indirectly) to send, transmit, handle, distribute or deliver: (a) unsolicited email (“spam” or “spamming”) in violation of the CAN-SPAM Act (referenced below) or any other law; (b) email to an address obtained via Internet harvesting methods or any surreptitious methods (e.g., scraping or harvesting); (c) email to an address that is incomplete, inaccurate and/or not updated for all applicable opt-out notifications, using best efforts and best practices in the industry, or (d) commercial electronic messages in violation of Canada’s Anti-Spam Legislation (referenced below).
Prohibited Email Content and Formatting; Email Best Practices
Email sent, or caused to be sent to or through our Service may not: (a) use or contain invalid or forged headers; (b) use or contain invalid or non-existent domain names; (c) employ any technique to otherwise misrepresent, hide or obscure any information in identifying the point of origin or the transmission path; (d) use other means of deceptive addressing; (e) use a third-party's internet domain name without their consent, or be relayed from or through a third-party's equipment without the third-party’s permission; (f) contain false or misleading information in the subject line or otherwise contain false or misleading content; or (g) unless otherwise authorized by us, use our trademark(s), tagline(s), or logo(s) without our prior written consent and only then pursuant to our trademark usage guidelines. You are prohibited from using the Service to email purchased lists.
Email Opt-out Requirements
You warrant that each email you send or is sent for you using our Service will contain: (a) header information that is not false or misleading; (b) an advisement that the recipient may unsubscribe, opt-out or otherwise demand that use of its information for unsolicited, impermissible and/or inappropriate communication(s) as described in this AUP be stopped (and how the recipient can notify you that it wants to unsubscribe, opt-out, or stop this use of its information); and (c) all information required by Canada’s Anti-Spam Legislation. These requirements may not apply if the email sent is a transactional email and these requirements are not otherwise required by law. You warrant that you will promptly comply with all opt-out, unsubscribe, “do not call” and “do not send” requests.
You must comply with all laws relating to telephone marketing, including without limitation those specifically referenced in the ‘Proper Usage of Our Service’ section below. You must comply with all laws related to the recording of phone calls and ensure all proper consent to record is obtained before making any such recording. If you use our Service to place telephone calls, you must also comply with all applicable industry standards.
You agree not to use our Service in a way that impacts the normal operation, privacy, integrity or security of another's property. Another’s property includes another’s account(s), domain name(s), URL(s), website(s), network(s), system(s), facilities, equipment, data, other information, or business operations. You also agree not to use our Service to gain unauthorized access to, use, monitor, make an unauthorized reference to, another’s property unless you have the appropriate express prior consent to do so. Examples of prohibited actions include (without limitation): hacking, spoofing, denial of service, mailbombing and/or sending an email that contains or transmits any virus or propagating worm(s), or any malware, whether spyware, adware or other such file or program. These restrictions apply regardless of your intent and whether or not you act intentionally or unintentionally.
Proper Usage of Our Service
Also, and without limiting the other requirements in this AUP, you may not (directly or indirectly) use our Service with content, or in a manner that:
- is threatening, abusive, harassing, stalking, or defamatory;
- is deceptive, false, misleading or fraudulent;
- is invasive of another's privacy or otherwise violates another’s legal rights (such as rights of privacy and publicity);
- contains vulgar, obscene, indecent or unlawful material;
- infringes a third-party's intellectual property right(s);
- publishes, posts, uploads, or otherwise distributes any software, music, videos, or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you have all necessary rights and consents to do so;
- uploads files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another person's computer;
- downloads any file that you know, or reasonably should know, cannot be legally distributed in that way;
- falsifies or deletes any author attributions, legal or proprietary designations, labels of the origin or source of software, or other material contained in a file that is uploaded;
- restricts or inhibits any other user of our Service from using and enjoying our website and/or our Service;
- harvests or otherwise collects information about others, including e-mail addresses, without their consent;
- violates the usage standards or rules of an entity affected by your use, including without limitation any ISP, ESP, or news or user group (and including by way of example and not limitation circumventing or exceeding equipment use rights and restrictions and/or location and path identification detail);
- is legally actionable between private parties; and/or
- is in violation of any applicable local, state, national or international law or regulation, including all export laws and regulations and without limitation the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act) (15 U.S.C. § 7701 et seq.), the U.S Telephone Consumer Protection Act of 1991 (47 U.S.C. § 227), the Do-Not-Call Implementation Act of 2003 (15 U.S.C. § 6152 et seq.; originally codified at § 6101 note), Canada’s Anti-Spam Legislation (CASL) (S.C. 2010, c. 23), and any regulations having the force of law or laws in force in your or your email recipient's country of residence.
You will use our Service for your internal business purposes and will not:
- willfully tamper with the security of our Service or tamper with our customer accounts;
- access data on our Service not intended for you;
- log into a server or account on our Service that you are not authorized to access;
- attempt to probe, scan or test the vulnerability of our Service or to breach the security or authentication measures without proper authorization;
- willfully render any part of our Service unusable;
- lease, distribute, license, sell or otherwise commercially exploit our Service or make our Service available to a third-party other than as contemplated in your subscription to our Service;
- use our Service for timesharing or service bureau purposes or otherwise for the benefit of a third-party; or
- provide to third parties any evaluation version of our Service without our prior written consent.
SK America Trademark Use
Unless you have our express prior written permission, you may not use any name, logo, tagline or other marks of ours or our Service, or any identifier or tag generated by our Service, including without limitation: (a) as a hypertext link to any website or other location (except as provided for or enabled expressly by us); (b) to imply identification with us as an employee, contractor, agent or other similar representative capacity. You also agree not to remove or alter any of these items as we may have provided or enabled.
If you breach of this AUP we may immediately suspend your access to our Service. We may also terminate your and our subscription agreement for cause if you breach this AUP. You acknowledge we may disclose information regarding your use of any Service to satisfy any law, regulation, government request, court order, subpoena or other legal process. If we make this type of required disclosure we will notify you, unless we are required to keep the disclosure confidential.
We are not obligated to but may choose to, remove any prohibited materials and deny access to any person who violates this AUP. We further reserve all other rights.
We may update and change any part or all of this AUP. If we update or change this AUP, we will let you know by posting the revised copy on our website. The updated AUP will become effective and binding on the next business day after it is posted. When we change this AUP, the “Version of” date above will be updated to reflect the date of the most recent version. We encourage you to review this AUP periodically.