Terms & Conditions
SKHMS Terms and Conditions of Use
Acceptance of Terms
The following are terms and conditions of a legal agreement between you and SKHMS Corporation (“SKHMS”). By accessing, browsing and/or using this web site located at www.skhms.com and/or web sites of any SKHMS subsidiary or affiliate (collectively the “SKHMS Site”), you acknowledge that you have read, understood, and agree, to be bound by these terms and conditions and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to these terms, do not use this SKHMS Site. In using the SKHMS Site, you represent and warrant that you are at least 18 years of age and have any and all permissions necessary to enter into and be bound by this agreement.
The material provided on this SKHMS Site is protected by law, including, but not limited to, United States copyright law and international treaties. The copyright in all material provided on this SKHMS Site is held by SKHMS or by its respective manufacturers, authors, developers and vendors (the “Third Party Providers”). Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of SKHMS or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this SKHMS Site for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded and printed materials. You also may not, without SKHMS’s permission, “mirror” any material contained on this SKHMS Site on any other server. You acknowledge that nothing on this SKHMS Site shall be construed as conferring any license to you from SKHMS, its subsidiaries, or affiliates or any Third Party Provider’s intellectual property rights, whether by estoppel, implication, or otherwise, and agree that you have sole responsibility for obtaining such licenses by separate written agreement. Any unauthorized use of any material contained on this SKHMS Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Software Use Restrictions
You acknowledge that any software and related documentation that may be available to download from the SKHMS Site (the “Software”) is the copyrighted work of SKHMS, its subsidiaries, affiliates, or suppliers. You agree that use of the Software is governed by the terms of the license agreement which accompanies or is included with the Software (the “License Agreement”). Except as set forth in the applicable License Agreement, any further copying, reproduction or redistribution of the Software is expressly prohibited. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS SET FORTH IN THE LICENSE AGREEMENT, THE SOFTWARE IS PROVIDED TO YOU ON AN “AS-IS” AND “WHERE-IS” BASIS, AND ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE DISCLAIMED.
Submission of Unsolicited Ideas
It is SKHMS standard corporate practice that confidential or proprietary information from you not be submitted through this SKHMS Site or by email. If you transmit such information in contravention of SKHMS standard corporate practice, any material, information or idea you transmit to SKHMS by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by SKHMS or its affiliates without compensation to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products, unless otherwise agreed in writing by an authorized SKHMS representative.
Submission of Personal Information
Access from Outside the U.S.
This SKHMS Site is controlled and operated by SKHMS from its offices within the United States. SKHMS makes no representation that materials in the SKHMS Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this SKHMS Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. If you use this SKHMS Site from other locations, you are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries. You acknowledge and agree that the content of the SKHMS Site or other materials available through this SKHMS Site (the “Materials”) may be subject to the U.S. Export Administration Laws and Regulations, as well as export laws of other countries, and that diversion of such Materials contrary to U.S. law or the law of other applicable countries is prohibited. You agree that none of the Materials, nor any direct product, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for nuclear activities, chemical biological weapons, or missile projects, unless specifically authorized by the U.S. Government (or other relevant government) for such purposes. You agree to comply strictly with all export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.
Links to Third-Party Sites and Co-Branded Sites
The SKHMS Site may contain links to third-party sites, however, please be aware that SKHMS is not responsible for and cannot control these other sites. The SKHMS Site may also contain links to co-branded web sites that are maintained by third parties by agreement with SKHMS. For example, SKHMS uses a site co-branded with Digital River, Inc. (“Digital River”)., to fulfill SKHMS online purchases from the United States and Canada. SKHMS makes no representations whatsoever about any other web site which you may access through the SKHMS Site. When you access a non-SKHMS web site, even one that may contain the SKHMS logo, please understand that it is independent from SKHMS, and that SKHMS may have no control over the content on that Web site. In addition, a link to a non-SKHMS web site does not mean that SKHMS endorses or accepts any responsibility for the content, or the use, of such web site. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SKHMS SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE MATERIALS. IN NO EVENT SHALL SKHMS BE LIABLE FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT, EVEN IF SKHMS HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU AGREE THAT YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE SITE AND WILL NOT MAKE A CLAIM OF ANY NATURE AGAINST SKHMS FOR LOST DATA, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE USE OF THE MATERIALS. YOU AGREE TO HOLD SKHMS ENTIRELY HARMLESS FROM, AND YOU COVENANT NOT TO SUE SKHMS, OR ITS AFFILIATES, SUCCESSORS OR ASSIGNS, FOR, ANY CLAIMS RELATED TO THE SKHMS SITE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
ALL INFORMATION IS PROVIDED BY SKHMS ON AN “AS IS” AND “AS AVAILABLE” BASIS ONLY. SKHMS PROVIDES NO REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NONINFRINGEMENT.
U.S. Government Restricted Rights
The materials on this SKHMS Site are provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the U.S. Government constitutes acknowledgment of SKHMS’s proprietary rights in them.
Choice of Law
Any claim relating to, and the use of, this SKHMS Site and the materials contained herein is governed by the laws of the state of California without regard to conflicts of laws principles. You agree to submit to the exclusive jurisdiction of the state and federal courts located in Santa Clara County, California, for the resolution any and all disputes arising out of or relating to your use of the SKHMS Site. You further agree and covenant not to bring suit in any other jurisdiction.
SKHMS may at any time revise these Terms and Conditions of Use by updating this posting. By using this SKHMS Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then-current Terms and Conditions of Use to which you are bound.