Terms of Use

1. ACCEPTANCE OF TERMS
SkylightsUSA.com provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by SkylightsUSA.com from time to time without notice to you. The most current version of the TOS can always be found at: http://SkylightsUSA.com. By using SkylightsUSA.com, you agree, without limitation or qualification, to be bound by, and to comply with, these Terms of Service.

2. DESCRIPTION OF SERVICE
SkylightsUSA.com provides an online skylight and accessories buying service (the "Service"). You understand and agree that you may receive certain communications from SkylightsUSA.com, such as service announcements and administrative messages, and that these communications are considered part of SkylightsUSA.com membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance SkylightsUSA.com shall be subject to the TOS.

You understand and agree that SkylightsUSA.com is provided "AS-IS" and that SkylightsUSA.com assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

You are responsible for obtaining access to SkylightsUSA.com and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access SkylightsUSA.com

3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of SkylightsUSA.com, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by SkylightsUSA.com registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, SkylightsUSA.com has the right to suspend or terminate your account and refuse any and all current or future use of SkylightsUSA.com (or any portion thereof).

4. SkylightsUSA.com PRIVACY POLICY
Registration Data and certain other information about you is subject to the SkylightsUSA.com Privacy Policy. For more information, see full SkylightsUSA.com privacy policy at http://www.SkylightsUSA.com

5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing SkylightsUSA.com registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify SkylightsUSA.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. SkylightsUSA.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.

6. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not SkylightsUSA.com, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. SkylightsUSA.com does not control the Content posted via SkylightsUSA.com and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using SkylightsUSA.com, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will SkylightsUSA.com be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via SkylightsUSA.com.

You agree to not use SkylightsUSA.com to:

upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
harm minors in any way;
impersonate any person or entity, including, but not limited to, a SkylightsUSA.com employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through SkylightsUSA.com;
upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of unauthorized solicitation;
upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
interfere with or disrupt SkylightsUSA.com or servers or networks connected to SkylightsUSA.com, or disobey any requirements, procedures, policies or regulations of networks connected to SkylightsUSA.com;
intentionally or unintentionally violate any applicable local, state, national or international law, including any regulations having the force of law; or
"stalk" or otherwise harass another.

You acknowledge that SkylightsUSA.com does not pre-screen Content, but that SkylightsUSA.com and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via SkylightsUSA.com. Without limiting the foregoing, SkylightsUSA.com and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by SkylightsUSA.com or submitted to SkylightsUSA.com.

You acknowledge and agree that SkylightsUSA.com may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of SkylightsUSA.com, its users and the public.

You understand that the technical processing and transmission of SkylightsUSA.com, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

7. SELLING ON SkylightsUSA.com
If you use SkylightsUSA.com to sell or advertise any services or products, it is agreed that you ("Seller") must be age 18 or older and provide Skylight USA, LLC with a valid credit card or valid U.S. bank account. As the Seller, you must promptly ship the correct order in good faith as soon as you have accepted the order and provide SkylightsUSA.com with a valid tracking number for each shipment you make. You acknowledge and agree that if a customer wishes to return an item within the 10-day return policy period, SkylightsUSA.com will issue a refund to the customer and the product will be returned promptly to you. If deemed necessary by SkylightsUSA.com, SkylightsUSA.com and its designees shall have the right to issue a refund on behalf of the Seller without the consent of the Seller. If a transaction is reversed or charged back for any reason, you agree to promptly reimburse SkylightsUSA.com for the amount of the reversed transaction. You further acknowledge and agree to pay in a timely manner any and all fees and commissions.

8. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

9. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON SkylightsUSA.com
SkylightsUSA.com does not claim ownership of Content you submit or make available for inclusion on SkylightsUSA.com. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of SkylightsUSA.com, you grant SkylightsUSA.com the following world-wide, royalty free and non-exclusive license(s), as applicable:

* With respect to Content you submit or make available for inclusion on publicly accessible areas of SkylightsUSA.com, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on SkylightsUSA.com. This license exists only for as long as you elect to continue to include such Content on SkylightsUSA.com and will terminate at the time you remove or SkylightsUSA.com removes such Content from SkylightsUSA.com.

* With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of SkylightsUSA.com, the perpetual, irrevocable and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
"Publicly accessible" areas of SkylightsUSA.com are those areas that are intended by SkylightsUSA.com to be available to the general public.

10. INDEMNITY
You agree to indemnify and hold the noookery.com, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through SkylightsUSA.com, your use of SkylightsUSA.com, your connection to SkylightsUSA.com, your violation of the TOS, or your violation of any rights of another.

11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that SkylightsUSA.com may establish general practices and limits concerning use of SkylightsUSA.com, including without limitation the maximum number of days that uploaded Content will be retained by SkylightsUSA.com, the maximum disk space that will be allotted on the SkylightsUSA.com servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access SkylightsUSA.com in a given period of time. You agree that SkylightsUSA.com has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by SkylightsUSA.com. You acknowledge that SkylightsUSA.com reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that SkylightsUSA.com reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

12. MODIFICATIONS TO SERVICE
SkylightsUSA.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, SkylightsUSA.com (or any part thereof) with or without notice. You agree that SkylightsUSA.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of SkylightsUSA.com.

13. TERMINATION
You agree that SkylightsUSA.com, in its sole discretion, may terminate your password, account (or any part thereof) or use of SkylightsUSA.com, and remove and discard any Content within SkylightsUSA.com, for any reason, including, without limitation, for lack of use or if SkylightsUSA.com believes that you have violated or acted inconsistently with the letter or spirit of the TOS. SkylightsUSA.com may also in its sole discretion and at any time discontinue providing SkylightsUSA.com, or any part thereof, with or without notice. You agree that any termination of your access to SkylightsUSA.com under any provision of this TOS may be effected without prior notice, and acknowledge and agree that SkylightsUSA.com may immediately deactivate or delete your account and all related information and Content in your account and/or bar any further access to such Content or SkylightsUSA.com. Further, you agree that SkylightsUSA.com shall not be liable to you or any third-party for any termination of your access to SkylightsUSA.com.

14. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through SkylightsUSA.com, including 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 advertiser. You agree that SkylightsUSA.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on SkylightsUSA.com.

15. LINKS
SkylightsUSA.com may provide, or third parties may provide, links to other World Wide Web sites or resources. Because SkylightsUSA.com has no control over such sites and resources, you acknowledge and agree that SkylightsUSA.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that SkylightsUSA.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

16. PROPRIETARY RIGHTS OF SkylightsUSA.com
You acknowledge and agree that SkylightsUSA.com and any necessary software used in connection with SkylightsUSA.com ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that copyrights, trademarks, service marks, patents or other proprietary rights and laws protect Content presented to you through SkylightsUSA.com or advertisers. Except as expressly authorized by SkylightsUSA.com or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on SkylightsUSA.com or the Software, in whole or in part.
SkylightsUSA.com grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to SkylightsUSA.com. You agree not to access SkylightsUSA.com by any means other than through the interface that is provided by SkylightsUSA.com for use in accessing SkylightsUSA.com.

17. DISCLAIMER OF WARRANTIES
You expressly understand and agree that:

Your use of SkylightsUSA.com is at your sole risk. SkylightsUSA.com is provided on an “as is” and “as available” basis. SkylightsUSA.com expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness, for a particular purpose and non-infringement.
SkylightsUSA.com makes no warranty that (i) SkylightsUSA.com will meet your requirements, (ii) SkylightsUSA.com will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of SkylightsUSA.com will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through SkylightsUSA.com will meet your expectations, and (v) any errors in the software will be corrected.
Any material downloaded or otherwise obtained through the use of SkylightsUSA.com is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
No advice or information, whether oral or written, obtained by you through or from SkylightsUSA.com shall create any warranty not expressly stated in the TOS.

18. LIMITATION OF LIABILITY
You expressly understand and agree that theSkylightsUSA.com shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not omitted to, damages for loss of profits, goodwill, use, data or other intangible losses (even if SkylightsUSA.com has been advised of the possibility of such damages), resulting from: (i) The use or the inability to use SkylightsUSA.com; (ii) The cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from SkylightsUSA.com; (iii) Unauthorized access to or alteration of your transmissions or data; (iv) Statements or conduct of any third party on SkylightsUSA.com; or (v) Any other matter relating to SkylightsUSA.com.

19. EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of Sections 17 and 18 may not apply to you.

20. NOTICE
Notices to you may be made via either email or regular mail. SkylightsUSA.com may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on SkylightsUSA.com.

21. TRADEMARK INFORMATION
SkylightsUSA.com is a trademark of Skylight USA, LLC. Without prior permission from SkylightsUSA.com, you agree not to display or use in any manner, the Skylight USA, LLC trademark.

22. COPYRIGHTS
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide SkylightsUSA.com with the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the site;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Notice of copyright or other intellectual property infringement can be sent to SkylightsUSA.com as s follows:
Email: info@skylightsusa.com

Mail:
Email: info@SkylightsUSA.com

Mail:
Skylight USA, LLC
730 NW 57th Place
Ft. Lauderdale, Fl 33309
(954) 772-2394 office
(954) 776-9476 fax

23. GENERAL INFORMATION
The TOS constitute the entire agreement between you and SkylightsUSA.com and govern your use of SkylightsUSA.com, superceding any prior agreements between you and SkylightsUSA.com. You also may be subject to additional terms and conditions that may apply when you use third-party content or third-party software. The TOS and the relationship between you and SkylightsUSA.com shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and SkylightsUSA.com agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Florida. The failure of SkylightsUSA.com to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of SkylightsUSA.com or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.

24. VIOLATIONS
Please report any violations of the TOS to info@SkylightsUSA.com