SkyMate Systems

Terms of Use

(SkyMate STOU V1.0.0)

Welcome to the Internet sites of SkyMate, Inc. and Navcast Inc. and its subsidiaries ("SkyMate"). "SkyMate Sites" include skymate.com, navcast.com, mazu-marine.com, aloncoastal.com and other Internet sites on which these Terms of Use are posted. SkyMate is sometimes referred to herein as “we,” “us” or “our”.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING ANY SKYMATE SITE. By using any SkyMate Site you signify your agreement to these Terms of Use. If you do not agree to these Terms of Use, you may not use the SkyMate Sites.

Note that special terms might apply to some services or features offered on certain SkyMate Sites. These terms are posted in connection with the applicable service or feature. Any such terms are in addition to these Terms of Use, and in the event of a conflict, prevail over these Terms of Use.

SkyMate may modify these Terms of Use from time to time as we add new products and applications, as we improve our current offerings, and as technologies and laws change by updating this posting. You are bound by any such modification and should therefore visit this page periodically to review these Terms of Use. You can determine when the Terms of Use was last revised by referring to the "Last Updated" legend at the bottom of this page. We will provide notice to you if these changes are material and, where required by applicable law, we will obtain your consent. This notice may be provided by email, by posting notice of the changes on our affected websites or by other means prior to the change becoming effective, consistent with applicable laws.

Use of Content

The content contained on SkyMate Sites, such as text, graphics, images, audio, video and other material, as well as the domain names, tagline, organization and user look-and-feel (collectively, the “Content”), is protected by copyright, trademark and other such laws in the United States, Canada and foreign countries, and is owned or controlled by SkyMate or by third parties that have licensed their Content to SkyMate. Unauthorized use of the Content may violate copyright, trademark, and other laws.

You may not, without the prior written permission of SkyMate, “mirror” on any other server any material contained on any SkyMate Site. The use of the Content on any other Web site or in a networked computer environment for any purpose is prohibited, without the express written permission of SkyMate. The trademarks, logos and service marks (the “Marks”) displayed on the SkyMate Sites are owned by SkyMate or third parties. You are prohibited from use of those Marks without the express, written permission of SkyMate or such third party. If you would like information about obtaining SkyMate’s permission to use the Content on your Web site, e-mail support@SkyMate.com.

In the event that we offer downloads of software on a SkyMate Site and you download such software, the software, including without limitation any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") is licensed to you by us or third-party licensors for your personal use, or if applicable your business’ internal operations, and not for service bureau, time-sharing, resale or other similar purposes. We do not transfer title to the Software to you. You may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form. UNLESS OTHERWISE SPECIFICALLY AND EXPRESSLY AGREED BY SKYMATE IN WRITING, ALL SOFTWARE PROVIDED BY SKYMATE IS PROVIDED ‘AS IS’ AND SKYMATE HEREBY DISCLAIMS ALL WARRANTIES WITH REGARD TO THE SOFTWARE, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WHETHER SUCH WARRANTIES ARE EXPRESS, IMPLIED OR STATUTORY.

SKYMATE SHALL NOT BE LIABLE FOR (1) ANY INACCURACY, ERROR IN OR FAILURE OF THE SOFTWARE; (2) ANY LOSS OR DAMAGE (INCLUDING WITHOUT LIMITATION ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES) ARISING FROM ANY DOWNLOAD OR USE MADE OF THE SOFTWARE, OR OCCASIONED BY ANY SUCH INACCURACY, ERROR OR FAILURE OF THE SOFTWARE. IF ANY OF THE ABOVE PROVISIONS ARE VOID UNDER APPLICABLE LAW, SKYMATE'S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Accounts

Some services on the SkyMate Sites permit or require you to create an account to participate or to secure additional benefits. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes (the "Registration Data"). You agree not to impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password or other account information, or another person's name, likeness, voice, image or photograph. You also agree to notify us promptly at support@SkyMate.com of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to any SkyMate Site.

We may suspend or terminate your account and your ability to use any SkyMate Site or portion thereof for failure to comply with these Terms of Use or any special terms related to a particular service.

SkyMate's Liability

SkyMate makes no representations or warranties about the accuracy, reliability, completeness, or timeliness of the Content or about the results to be obtained from using the SkyMate Sites and the Content. Any use of the SkyMate Sites and the Content is at your own risk. Changes are periodically made to SkyMate Sites and may be made at any time. Some Content on the SkyMate Sites may be provided by third parties and SkyMate will not be held responsible for any such Content provided by third parties.

SKYMATE DOES NOT WARRANT THAT THE SKYMATE SITES WILL OPERATE ERROR-FREE OR THAT THE SKYMATE SITES OR THEIR SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL GOODS. IF YOUR USE OF THE SKYMATE SITES OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR LOSS OF PROFITS OR DATA, SKYMATE WILL NOT BE RESPONSIBLE FOR THOSE COSTS.

THE SKYMATE SITES AND CONTENT ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND. SKYMATE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WHETHER SUCH WARRANTIES ARE EXPRESS, IMPLIED OR STATUTORY.

Disclaimer of Certain Damages

Your use of the SkyMate Sites is at your own risk. If you are dissatisfied with any of the Content or other contents of the SkyMate Sites or with these Terms and Conditions, your sole remedy is to discontinue use of the SkyMate Sites. IN NO EVENT WILL SKYMATE OR ANY THIRD PARTIES MENTIONED AT THE SKYMATE SITES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, INCIDENTAL, EXEMPLARY, AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SKYMATE SITES AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SKYMATE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY OF THE ABOVE PROVISIONS ARE VOID UNDER APPLICABLE LAW, SKYMATE'S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Links to Other Sites

The SkyMate Sites may contain links to third party Web sites that are maintained by others. Any such links are provided solely as a convenience to you and not as an endorsement by SkyMate of the contents on such third-party Web sites. SkyMate is not responsible for the content of linked third-party sites and does not make any representations or warranties regarding the content or accuracy of materials on such third-party Web sites or the privacy practices of such third parties. If you decide to access linked third-party Web sites, you do so at your own risk.

Third-party Applications

On SkyMate Sites you might have an opportunity to download applications that were developed by third-parties. SkyMate is not responsible for and makes no representations or warranties regarding the content or functionality of these third-party applications or the privacy practices of such third-party developers. If you decide to download and use any of these third-party applications, then you do so at your own risk.

Indemnity

You agree to defend, indemnify, and hold harmless SkyMate, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your breach of these Terms of Use.

Export Control

The United States and certain other countries control the export of products and information. You agree to comply with such restrictions and not to export or re-export the Content to countries or persons prohibited under export control laws. By downloading the Content, you are agreeing that you are not in a country where such export is prohibited and that you are not on the U.S. Commerce Department's Table of Denial Orders or the U.S. Treasury Department's list of Specially Designated Nationals. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the Content.

Copyright Policy

SkyMate respects the intellectual property rights of others. It is SkyMate's policy, at its discretion and when appropriate, to terminate the accounts of users who may infringe the copyrights of third parties.

General

Except to the extent provided below in this paragraph, all legal issues arising from or related to the use of any SkyMate Site will be construed in accordance with and determined by the laws of the State of Virginia applicable to contracts entered into and performed within the State of Virginia without respect to its conflict of laws principles. You hereby irrevocably waive, to the fullest extent permitted by law, any objection which you may now or hereafter have to the laying of the venue of any such proceeding brought in such a court and any claim that any such proceeding brought in such a court has been brought in an inconvenient forum. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the SkyMate Site from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Terms of Use will be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the jurisdiction of the courts located in the state, province or country identified below whose law governs:

If you are a citizen of:
Any European Union country

Governing law and forum:
English laws; London, England

In the event of a complaint, or to request further information, the provider may be contacted in writing at SkyMate, Inc., Suite 100-11890 Sunrise Valley Drive, Reston, VA 20191, by telephone at (703) 961-5800 (ask for the webmaster), or by e-mail at support@SkyMate.com.

Last Updated: August 13, 2020