Terms & Conditions

Last Updated: September 29, 2017

 

USE OF THIS WEBSITE MEANS YOU AGREE TO THE FOLLOWING TERMS OF USE. PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR DOWNLOADING OR USING THIS WEBSITE IN ANY WAY, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS DESCRIBED BELOW.  IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU SHOULD NOT USE THIS WEBSITE AND SHOULD IMMEDIATELY LEAVE THE WEBSITE.

These terms of use ("Terms of Use") apply to your use of this website (the "Website"), and do not alter in any way the terms or conditions of any other agreement you may have with SkylineStock, its subsidiaries or affiliates. By using this Website, you represent and warrant that you are over the age of 18 and are lawfully able to accept these Terms of Use. If you are using the Website on behalf of any entity, you further represent and warrant that you are authorized to accept these Terms of Use on such entity's behalf, and that such entity agrees to indemnify SkylineStock for violations of these Terms of Use.

PRIVACY POLICY

SkylineStock is committed to protecting your privacy. Please refer to our Privacy Policy for information on how we collect, use and disclose personal information.

OWNERSHIP OF THE WEBSITE AND ITS CONTENTS

This Website is owned by SkylineStock, LLC. Unless otherwise indicated, all of the content featured or displayed on this Website, including, but not limited to, text, graphics, data, photographic images, moving images, sound, illustrations, clipart, animation, and software ("SkylineStock Content"), is owned by SkylineStock, its licensors, or its third-party image partners.

The design, layout and all elements of the Website, including the SkylineStock Content, are protected by United States and International law and other intellectual property and proprietary rights and may not be copied or imitated in whole or in part.

USE OF THE WEBSITE

This Website and the SkylineStock Content are intended for customers of SkylineStock. You may not use this Website or the SkylineStock Content for any purpose not related to your business with SkylineStock. You are specifically prohibited from: (a) downloading, copying, or re-transmitting any or all of the Website or the SkylineStock Content without, or in violation of, a written license or agreement with SkylineStock; (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the Website or the SkylineStock Content by using framing or similar navigational technology; (d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any SkylineStock product or service if you are not expressly authorized by such party to do so; and (e) using the Website or the SkylineStock Content other than for its intended purpose. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes.

You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from the United States or the country in which you reside.

COPYRIGHT INFRINGEMENT POLICY

In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable laws, SkylineStock has adopted a policy of terminating, in appropriate circumstances and at SkylineStock’s sole discretion, account holders who infringe the intellectual property rights of SkylineStock or any third party.

COPYRIGHT COMPLAINTS

If you believe that any material on the Website infringes upon any copyright that you own or control, you may file a notification of such infringement with our Designated Agent as set forth below:

SkylineStock, LLC
126 Wappanocca Avenue
Rye, NY 10580
E-mail: info@skylinestock.com

We may give notice of a claim of copyright infringement by means of a general notice on the Website, electronic mail to a user's e-mail address, or by written communication sent by first-class mail to a user's address.

TRADEMARKS

SkylineStock Trademarks, the SkylineStock logo, and any other product or service name or slogan contained in the Website are trademarks of SkylineStock and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of SkylineStock or the applicable trademark holder. You may not use metatags or any other "hidden text" utilizing " SkylineStock" or any other name, trademark or product or service name of SkylineStock without our prior written permission. In addition, the look and feel of the Website, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of SkylineStock and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

LINKS

You may not use a SkylineStock logo or other proprietary graphic of SkylineStock to link to this Website without the express written permission of SkylineStock. Further, you may not frame any SkylineStock trademark, logo or other proprietary information, including the SkylineStock Content, without SkylineStock’s express written consent.

SkylineStock makes no claim or representation regarding, and accepts no responsibility for, directly or indirectly, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Website, or websites linking to the Website. Such websites are not under the control of SkylineStock and SkylineStock is not responsible for the contents of any linked website or any link contained in a linked website, or any review, changes or updates to such websites. SkylineStock provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by SkylineStock of any website or any information contained therein. When you leave the Website, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Website.

Your participation, correspondence or business dealings with any third party found on or through the Website, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that SkylineStock shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.

FORUMS & OTHER INTERACTIVE SERVICES OR AREAS

The Website may include discussion forums or other interactive areas or services, including blogs, chat rooms, bulletin boards, message boards, online hosting or storage services, or other areas or services in which you or third parties create, post or store any content, messages, comments, materials or other items on the Website ("Interactive Areas"). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree not to post, upload, transmit, distribute, store, create or otherwise publish through the Website any of the following:

  1. Any message, comment, data, information, text, music, sound, photos, graphics, code or other material ("User Content") that is unlawful, libelous, defamatory, obscene, pornographic, harmful to minors, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
  2. User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ;
  3. User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual property or contract right of any party. By posting any User Content, you represent and warrant that you have the lawful right to transmit, distribute and reproduce such User Content;
  4. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
  5. Unsolicited promotions, political campaigning, advertising, junk mail, spam, chain letters, pyramid schemes or solicitations;
  6. Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
  7. Viruses, corrupted data or other harmful, disruptive or destructive files; and
  8. User Content that, in the sole judgment of SkylineStock, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Website, or which adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all capital letters, or flooding continuous posting of repetitive text), or which may expose SkylineStock or its users to any harm or liability of any type.

Further, you agree not to delete or revise any User Content posted by any third party. SkylineStock takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is SkylineStock liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of Interactive Areas is at your own risk. As a provider of interactive services, SkylineStock is not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other Interactive Area. Although SkylineStock has no obligation to screen, edit or monitor any of the User Content posted in any Interactive Area, SkylineStock reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Website at any time and for any reason without notice. You are solely responsible for creating backup copies of and replacing any User Content you post or store on the Website at your sole cost and expense. Any use of the Interactive Areas or other portions of the Website in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Website. You acknowledge and agree that SkylineStock may access, use or disclose any information about you or your use of this Website, including without limitation any User Content to comply with the law or any legal process; protect and defend the rights or property of SkylineStock; or to protect the safety of our company, employees, customers or the public.

If you post User Content to the Website, unless we indicate otherwise, you grant SkylineStock and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. You grant SkylineStock and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Website; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Terms of Use and will not violate any rights of or cause injury to any person or entity.

REGISTRATION DATA AND ACCOUNT SECURITY

In consideration of your use of the Website, you agree to: (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Website ("Registration Data"); (b) maintain and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current and complete; (c) maintain the security of your password and identification; (d) notify SkylineStock immediately of any unauthorized use of your account or other breach of security; (e) accept all responsibility for any and all activities that occur under your account; and (f) accept all risks of unauthorized access to the Registration Data and any other information you provide to Company.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless SkylineStock, its subsidiaries, affiliates, licensors, employees, agents, third party information providers and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content that you post, store or otherwise transmit on or through the Website, your conduct, your use or inability to use the Website, your breach or alleged breach of the Terms of Use or of any representation or warranty contained herein, your unauthorized use of the SkylineStock Content, or your violation of any rights of another.

DISCLAIMER

THIS WEBSITE AND THE SKYLINESTOCK CONTENT ARE PROVIDED "AS IS" AND SKYLINESTOCK AND ITS DIRECTORS, EMPLOYEES, CONTENT PROVIDERS, AGENTS AND AFFILIATES EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. SKYLINESTOCK WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE OR THE SKYLINESTOCK CONTENT, OR THE UNAVAILABILITY OF THE SAME, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS OF THIS WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT SKYLINESTOCK, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS WEBSITE OR THE SKYLINESTOCK CONTENT. WE MAKE NO WARRANTY THAT THE WEBSITE OR THE SKYLINESTOCK CONTENT IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.

SkylineStock uses reasonable efforts to ensure the accuracy, correctness and reliability of the SkylineStock Content, but we make no representations or warranties as to the SkylineStock Content's accuracy, correctness or reliability.

SkylineStock offers a search feature within the Website. SkylineStock explicitly disclaims any responsibility for the content or availability of information contained in our search index or directory. SkylineStock also disclaims any responsibility for the completeness or accuracy of any directory or search result.

Some US states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.

Limitation of Liability

IN NO EVENT SHALL SKYLINESTOCK, ITS MANAGERS, MEMBERS, DIRECTORS, CONTRIBUTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE, THE SERVICES, THE SKYLINESTOCK CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM SKYLINESTOCK, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO SKYLINESTOCK’S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SKYLINESTOCK, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE WEBSITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO SKYLINESTOCK FOR ACCESS TO OR USE OF THE WEBSITE.

APPLICABLE LAW AND VENUE

Any dispute relating in any way to your use of the Website or the SkylineStock Content shall be submitted to confidential arbitration in New York, NY, except that, to the extent you have in any manner violated or threatened to violate SkylineStock’s intellectual property rights, SkylineStock may seek injunctive or other appropriate relief in any state or federal court in the State of New York, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this provision shall be conducted by a single arbitrator under the rules then prevailing of the American Arbitration Provision. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to the Terms of Use, whether through class arbitration proceedings or otherwise.

TERMINATION

Notwithstanding any of these Terms of Use, SkylineStock reserves the right, without notice and in its sole discretion, to terminate your account and/or to block your use of the Website.

MISCELLANEOUS PROVISIONS

Any waiver of any provision of the Terms of Use will be effective only if in writing and signed by SkylineStock. If any clause in these Terms of Use is found to be unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. Any rights not expressly granted herein are reserved.

CHANGES TO TERMS OF USE

SkylineStock reserves the right to change any of the terms and conditions contained in the Terms of Use or any policy or guideline of the Website, at any time and in its sole discretion. When we make changes, we will revise the "last updated" date at the top of the Terms of Use. Any changes will be effective immediately upon posting on the Website. Your continued use of the Website following the posting of changes will constitute your acceptance of such changes. We encourage you to review the Terms of Use whenever you visit our website.

QUESTIONS AND CONTACT INFORMATION

Questions or comments about the Website or Terms of Use may be directed to SkylineStock at info@skylinestock.com.