TERMS AND CONDITIONS
Please read these Terms carefully before using our websites and any online Service, provided by InSky Corporation, (collectively, “IC”, “we”, or “us” or “our”) that post a link to these Terms (the “Service”). By visiting or otherwise using the Service in any manner, you agree to the Terms posted at the time and any applicable Additional Terms (defined below), to be bound by them, and that you have read and understood them. If we need to amend, adjust or change these Terms in any manner we will send you a notification at the provided email address and you will have 14 days to familiarize yourself with the changes. If you do not accept the amended Terms you can request that we cancel your Agreement and we refund your purchase price. If we do not receive such a request for a refund or cancellation of your purchase within the 14 days period this will constitute an acceptance of the change from your part and the amended, adjusted or changed Terms will become effective for you.
These Terms affect your legal rights, responsibilities and obligations and govern your use of the Service, are legally binding, limit IC’s liability to you and require you to indemnify us and to settle certain disputes through individual arbitration. If you do not wish to be bound by these Terms and any Additional Terms, please do not use this website and our products or Service.
We strive to accurately describe our products or Service; however, we do not warrant that such specifications, pricing, or other Content is complete, accurate, reliable, current, or error–free. We do not guarantee that our development-stage products will ever become commercially available to the public, or that versions that are made available for sale to the public will have the same specifications or performance of our development-stage products. All sales of products and Service in the United States may be subject to export restrictions or requirements. Our products and Service may be subject to restrictions and requirements under applicable law. You are solely responsible for researching what legal restrictions and requirements may apply to your purchases from us. As permitted by applicable law, IC shall have the right to refuse or cancel any orders in its sole discretion. Your orders are offers to purchase subject to our acceptance, which we may reject or cancel subject to refund. If we charged your credit or other account prior to rejection or cancellation, we will reissue credit to your account. Additional Terms may apply. If a product you purchased or accepted from IC is not as described, as permitted by applicable law, your sole remedy is to return it, to cancel the purchase and receive a credit for the purchase price.
We and our affiliates, subsidiaries, and parent companies make no guarantees, warranties or representations of any kind concerning IC Products and Service. All terms are void where prohibited by applicable laws or regulations and these Terms are subject to immediate change if necessary to comply with such laws or regulations. You release and hold harmless us, and our affiliates, subsidiaries and parent companies from all liability regarding your use of our products and Service.
We make no representations or warranties, either express or implied, including, but not limited to: any implied warranty of quality, condition, merchantability fitness for intended use or a particular purpose, or any representations or warranties arising by statute or otherwise in law or from a course of dealing or usage of trade regarding the Products and Service of IC.
AS PERMITTED BY APPLICABLE LAW, YOUR ACCESS TO AND USE OF OUR PRODUCTS AND SERVICE IS AT YOUR SOLE RISK AND THE PRODUCTS AND SERVICE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. To the fullest extent permissible by applicable law, IC and their direct and indirect parents, subsidiaries, affiliates, and each of their respective employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (collectively, “IC Parties”) hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, in connection with, or otherwise directly or indirectly related to, without limitation, the Products, the Service, Content, Submissions or other AA Products or Service.
LIMITATION OF LIABILITY
Under no circumstances shall we, or any of our affiliates, subsidiaries, or parent companies, be liable to you for any indirect, incidental, consequential, special, exemplary or punitive damages, including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages of any kind, including without limitation loss of profits, in connection with, or otherwise directly or indirectly related to, without limitation, the Products, Service, Content, IC Licensed Elements, Submissions or other IC products or Service, except, to the extent not waivable under applicable law, for direct damages for personal injury caused by a physical product manufactured, sold or provided by IC, whether any claim is based on warranty, contract, tort (including, without limitation, negligence, acts of god, telecommunications failure, or destruction of the Service) or otherwise (even if any of them have been advised of the possibility of such damages). This limitation of liability shall apply however damages arise, including, without limitation, whether such damages are incurred by third parties, and/ or whether such damages arise from transactions between you and IC, your use or misuse of IC Products or Service, your inability to use IC Products or Service, or the interruption, suspension, or discontinuation of IC Products or Service. IF WE ARE HELD LIABLE FOR ANY DAMAGES RELATED TO YOUR USE OF IC PRODUCTS OR SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE LIMITED TO THE AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID IC IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE THE CLAIM(S).
GOVERNING LAW AND ENFORCEABILITY
Florida law and federal law govern these Terms and any aspect of your relationship with us. These laws govern without regard to any conflicts of laws principles that would otherwise apply the substantive law of another jurisdiction. If any provision of these Terms is deemed to be invalid or unenforceable, such provision shall not affect the validity and enforceability of the remaining Terms.
This section explains our and your agreement to resolve our claims through mediation and/or arbitration. For this Arbitration section: (a) “you” includes you, any person acting on your behalf; (b) “we” and us” includes InSky Corporation and any corporate parents, subsidiaries, affiliates, or related persons or entities, and if there is an assignment, the assignee and its corporate parents, subsidiaries, affiliates or related persons or entities and (c) “claim” means any current or future claim, dispute or controversy relating to the use of the Product and/or Service provided by InSky Corporation, including these Terms, except for the validity, enforceability, or scope of this arbitration provision. Claim includes but is not limited to: (1) initial claims, counterclaims, crossclaims and third-party claims; (2) claims based upon contract, tort, fraud, statute, regulation, common law and equity; and (3) claims by or against any third party using or providing any product, service, or benefit in connection with any InSky Corporation Product or Service. You may not sell, assign or transfer a claim.
The party making a claim – whether you or InSky Corporation – shall send a letter to the other side at their registered E-mail address or the official E-mail address posted on the IC web site, briefly summarizing the claim and the request for relief. If the Dispute is not resolved within sixty (60) days after notification, the claimant may proceed to initiate proceedings as set forth in this Section.
If a claim arises that cannot be settled through negotiation, you and we agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation procedures before resorting to arbitration as provided hereunder. EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT UNDER FLORIDA LAW, ANY CLAIMS AS DEFINED ABOVE WILL BE RESOLVED AND SETTLED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY JUDGE OR JURY, AND YOU AGREE THAT WE AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY COURT. YOU AGREE THAT ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS WILL NOT BE PERMITTED. BY AGREEING TO THESE TERMS, YOU AGREE TO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION. You agree that any arbitration will be administered by the American Arbitration Association under its consumer arbitration rules as applicable, and judgment on the award rendered by the arbitrator(s) may be entered in a Florida court having jurisdiction thereof.
The arbitration shall be a confidential proceeding, closed to the general public; provided, however, that a party may disclose information relating to the arbitration proceedings to its and its affiliates’ lawyers, insurance providers, auditors and other professional advisers. The fact that there is a dispute between the parties that is the subject of arbitration shall be confidential to the same extent.
Arbitration procedures are generally simpler than the rules that apply in court, and discovery is more limited. The arbitrator’s decisions are as enforceable as any court order and are subject to very limited review by a court. Except as set forth below, the arbitrator’s decision will be final and binding. Other rights you or we would have in court may also not be available in arbitration. The arbitrator’s authority is limited to claims between you and us alone. Claims may not be joined or consolidated unless you and we agree in writing. An arbitration award and any judgment confirming it will apply only to the specific case and cannot be used in any other case except to enforce the award.
Arbitration Procedures. This Arbitration provision is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (“FAA”). The arbitrator will apply applicable substantive law, statutes of limitations, and privileges.
The arbitrator will not apply any federal or state rules of civil procedure or evidence in matters relating to evidence or discovery. Subject to the Limitation of Liability Section of these Terms, the arbitrator may otherwise award any relief available in court. The arbitration will be confidential, but you may notify any government authority of your claim.
Arbitration Fees and Costs. You will be responsible for paying your share of any arbitration fees and costs (including filing, administrative, hearing or other fees).