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Terms of Service Agreement For User Accounts Within the Skyhawk Gate, LLC[i] Agency Account at Paperform Pty. Ltd. (Paperform) For Members of Team Power Up
We have created this Terms of Service Agreement to define the relationship between you (User) and Skyhawk Gate, LLC (Agency).
Members of Team Power Up
Your membership in Team Power Up must be verified by the leadership of Team Power Up to be eligible for this account.
If your membership in Team Power Up ceases for any reason, your user account will be immediately closed and there will be no refund.
If your user account is closed as described above you can apply for a new user account with Skyhawk Gate, LLC. Your forms and information will be deleted permanently one month after account closure if you do elect to seek your own user account.
Acceptance of the Terms
You accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Skyhawk Gate, LLC in the initial subscription form.
Skyhawk Gate, LLC reserves the right to change this Terms of Service Agreement at any time and will indicate the date at the end of the form that a change (update) has been made. You will be notified by email at the email address you provide to us at the time of account registration of any change or update. You will be able to review the changes or updates at https://skyhawkgate.com/terms-of-service-agreement-forms-skyhawkgate-com-team-power-up/.
Fee for use of the Services within our Agency Account
In order to access the Services, you must first purchase a subscription (the ‘Subscription') and pay the applicable fee for the selected Subscription (the ‘Subscription Fee').
In purchasing the Subscription, you acknowledge and agree that it is your responsibility to ensure that the Subscription you elect to purchase is suitable for your use.
Once you have purchased the Subscription, you will then be provided with access to your user account by Skyhawk Gate, LLC.
As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
(a) an email address
(b) preferred username
(c) a password
You warrant that any information you give to Skyhawk Gate, LLC and Paperform in the course of completing the registration process will always be accurate, correct and up to date.
Once you have completed the registration process, you will be a registered user As a user you will be granted immediate access to the Services from the time you have completed the registration process until the subscription period expires (the ‘Subscription Period').
Where the option is given to you, you may make payment of the Subscription Fee by way of: (a) Credit Card Payment (‘Credit Card')
All payments made in the course of your use of the Services are made using Stripe (‘Stripe'). In using the Service or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Stripe terms and conditions which are available on their website.
You acknowledge and agree that where a request for the payment of the Subscription Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Subscription Fee.
You agree and acknowledge that Skyhawk Gate, LLC can vary the Subscription Fee at any time and that the varied Subscription Fee will come into effect following the conclusion of the existing Subscription Period.
Skyhawk Gate, LLC will not provide you with a refund of the Subscription Fee under any circumstances.
Liability for Content.
You hereby acknowledge and agree that Skyhawk Gate, LLC (i) stores Content and other information at the direction, request and with the authorization of its users, (ii) acts merely as a passive conduit and/or host for the uploading, storage and distribution of such Content, and (iii) plays no active role and gives no assistance in the presentation or use of the Content. You are solely responsible for all of Your Content that you upload, post or distribute to, on or through the Service, and to the extent permissible by law, Skyhawk Gate, LLC excludes all liability with respect to all Content (including Your Content) and the activities of its users with respect thereto.
You hereby acknowledge and agree that Skyhawk Gate, LLC cannot and does not review the Content created or uploaded by its users, and neither Skyhawk Gate, LLC nor its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders has any obligation, and does not undertake or assume any duty, to monitor the Services for Content that is inappropriate, that does or might infringe any third party rights, or has otherwise been uploaded in breach of these Terms of Service or applicable law.
Skyhawk Gate, LLC and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders hereby exclude, to the fullest extent permitted by law, any and all liability which may arise from any Content uploaded to the Service by users, including, but not limited to, any claims for infringement of intellectual property rights, rights of privacy or publicity rights, any claims relating to publication of defamatory, pornographic, obscene or offensive material, or any claims relating to the completeness, accuracy, currency or reliability of any information provided by users of the Websites. By using the Websites, you irrevocably waive the right to assert any claim with respect to any of the foregoing against Skyhawk Gate, LLC or any of its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders.
Skyhawk Gate, LLC will suspend or terminate your access to the Services if Skyhawk Gate, LLC determines, in its sole and reasonable discretion, that you have repeatedly breached these Terms of Service.
If we receive a valid notification from a third party in accordance with our reporting processes or applicable law that any of Your Content infringes the copyright or other rights of such third party, or if we believe that your behavior is inappropriate and violates our Terms of Service, we will send you a written warning to this effect. Any user that receives more than two of these warnings is liable to have their access to the Websites terminated forthwith.
We will also suspend or terminate your account without warning if ordered to do so by a court, and/or in other appropriate circumstances, as determined by Skyhawk Gate, LLC at its sole discretion.
Please note that we do not offer refunds to Members whose accounts are terminated as a result of repeated infringement of these Terms of Service.
Limitation of Liability.
In no event shall Skyhawk Gate, LLC be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the Service, or use thereof. Nothing contained in the Service or in any written or oral communications from Skyhawk Gate, LLC or its employees or agents shall be construed to make any promise, covenant, or guaranty, all of which are explicitly disclaimed hereby, contrary to the statements and disclaimers contained in this paragraph.
TO THE GREATEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL Skyhawk Gate, LLC HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES IN ANY WAY ARISING OUT OF OR RELATING TO THE AGREEMENT, OR THE SERVICE, INCLUDING, BUT NOT LIMITED TO LOST PROFITS; LOST DATA; LOSS OF GOODWILL; COPYRIGHT, TRADEMARK, OR OTHER INTELLECTUAL PROPERTY INFRINGEMENT; WORK STOPPAGE; EQUIPMENT FAILURE OR MALFUNCTION; ILLEGAL, IMMORAL OR FRAUDULENT ACTIVITY; PERSONAL INJURY; PROPERTY DAMAGE; OR ANY OTHER DAMAGES OR LOSSES, EVEN IF Skyhawk Gate, LLC HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, STATUTE, INDEMNITY OR OTHERWISE) UPON WHICH SUCH LIABILITY IS BASED.
In the event that any of the foregoing limitations are deemed to be unenforceable, to the greatest extent permitted by law, you agree that the entire aggregate liability of Skyhawk Gate, LLC and sole remedy available to any Member in any case in any way arising out of or relating to the Agreement or the Service shall be limited to monetary damages that in the aggregate may not exceed the greater of $500.00 or the sum of any amount paid by the Member or user to Skyhawk Gate, LLC during the twelve months prior to notice to Skyhawk Gate, LLC of the dispute for which the remedy is sought.
Indemnity by You.
You agree to indemnify and hold Skyhawk Gate, LLC, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, arising out of or related to:
- your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement including without limitation your representations and warranties set forth above;
- any third party claim of infringement of copyright or other intellectual property rights or invasion of privacy arising from use of the Service;
- any activity related to your account, either by you or by any other person accessing your account with or without your consent unless such activity was caused by the act of Skyhawk Gate, LLC.
In the event that Skyhawk Gate, LLC is successful in whole or in part in any action or proceeding related to or arising from this Agreement, you shall be responsible for Skyhawk Gate, LLC’s attorneys'
In the event that Skyhawk Gate, LLC is successful in whole or in part in any action or proceeding related to or arising from this Agreement, you shall be responsible for Skyhawk Gate, LLC’s attorneys' fees and costs.
Jurisdiction and Choice of Law; Dispute Resolution.
If there is any dispute arising out of the Service, or by Service, you expressly agree that any such dispute shall be governed by the laws of the State of Oregon, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Oregon, for the resolution of any such dispute. Acceptance of the terms and conditions of this Agreement constitutes your consent to be sued in such courts and to accept service of process outside the State of Oregon with the same force and effect as if such service had been made within the State of Oregon. You hereby agree to accept service of process for any action hereunder by certified mail return receipt requested which service shall have the same force and effect as though service had been effected by personal service in the applicable jurisdiction. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
Arbitration Provision/No Class Action.
Except where prohibited by law, as a condition of using the Service, you agree that any and all disputes, claims and causes of action (collectively, “Claim”) arising out of or connected with the Service, shall be resolved individually, without resort to any form of class action, exclusively by binding arbitration under the rules of the American Arbitration Association for full and final settlement of such Claim, and judgment on the award rendered in the arbitration may be entered in any court having jurisdiction thereof. Such arbitration shall be held in accordance with the Rules for Expedited Procedures under the Commercial Arbitration Rules of the American Arbitration Association or other mutually agreeable organization, before a single arbitrator (with knowledge and expertise of copyright law if the claim is all or partially for copyright infringement), selected by agreement of both parties or by an independent mediator (with knowledge and expertise of copyright law if the claim is all or partially for copyright infringement) if the parties are unable to agree. The parties shall split the arbitration and/or mediator costs. An award rendered by the arbitrator(s) may be entered and confirmed by the courts of the State of Oregon, County of Clackamas. The parties agree that any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts of the State of Oregon, County of Clackamas.
No Third-Party Beneficiaries.
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this Agreement.
Availability Outside the U.S.
This Agreement contains the entire agreement between you and Skyhawk Gate, LLC regarding the use of the Service.
If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. In addition, Skyhawk Gate, LLC’s failure to enforce any term of this Agreement shall not be deemed as a waiver of such term or otherwise affect Skyhawk Gate, LLC’s ability to enforce such term at any point in the future.
The section headings contained in this Agreement are for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement.
For questions or concerns relating to terms of service, we can be contacted at firstname.lastname@example.org.
The effective date of this policy is April 1, 2017.
[i] The agency account with Paperform is owned by Mark Silen who is the manager of Skyhawk Gate, LLC.