Confidential Information
Skadoit, LLC acknowledges that Skadoit may have access to Customer's confidential and proprietary information. Such confidential information may include, without limitation: i) business and financial information, ii) business methods and practices, iii) technologies and technological strategies, iv) marketing strategies and v) other such information as Customer may designate as confidential ("Confidential Information"). Skadoit agrees to not disclose to any other person (unless required by law) or use for personal gain any Confidential Information at any time during or after the term of this Agreement, unless Customer grants express, written consent of such a disclosure. In addition, Skadoit will use its best efforts to prevent any such disclosure.
Jurisdiction
The enforcement of this agreement shall be governed by the laws of the State of Florida. Skadoit services may be used for lawful purposes only.
Scope Too Broad
If the scope of any of the provisions of this Agreement is too broad in any respect whatsoever to permit enforcement to its full extent, then such provisions shall be enforced to the maximum extent permitted by law, and the parties hereto consent and agree that such scope may be judicially modified accordingly and that the whole of such provisions of this Agreement shall not thereby fail, but that the scope of such provisions shall be curtailed only to the extent necessary to conform to law.
Modifications
In the event that Skadoit makes material changes to these Terms and Conditions, all current Customers will be notified via Skadoit!'s website at least 30 days before the modified Terms and Conditions go into effect. The modified Terms and Conditions will be posted on our website at least 30 days in advance of the effective date.Customer agrees to the new posted Terms and Conditions by continuing use of Skadoit services. If the Customer does not agree with the modified Terms and Conditions, the Customer's only remedy is to discontinue using Skadoit services and cancel the service.
Description of Services
Skadoit is in the business of secure offsite internet-based computer backups. Skadoit wishes to provide the customer with the best possible service available and experience when dealing with Skadoit personnel and Skadoit services and products. Skadoit is available primarily through its independent distributors and through its website www.skadoit.com. Skadoit products may backup specific file types, database files, application files, and exchange mailboxes.
Liability
Skadoit warrants to Customer that the services to be delivered or rendered under this Agreement will be of the kind and quality designated and will be performed by qualified personnel.Skadoit offers no guarantees or warranties, express or implied, as to system availability and functionality during any phase of its support services and makes no guarantees or warranties, expressed or implied, regarding the ability to resolve computer-related problems, to recover data, or to avoid losing data. In no event shall Skadoit be held liable for indirect, special, incidental or consequential damages arising out of service provided hereunder, including but not limited to loss of profits or revenue, loss of use of equipment, lost data, costs of substitute equipment, or other costs.Skadoit makes no other warranties, whether written, oral or implied, including without limitation warranty of fitness for purpose of merchantability. In no event shall Skadoit be liable for special or consequential damages, either in contract or tort, whether or not the possibility of such damages has been disclosed to Skadoit in advance or could have been reasonably foreseen by Skadoit.
Force Majeure
Customer acknowledges and agrees that Skadoit shall not be responsible for any failures or delays in performing services under this Agreement which are caused by actions or events outside of Skadoit!'s control. Such actions include but are not limited to hardware failure, network interruptions, actions taken by internet service providers or other third parties, acts of God, acts of civil or military authority, fires, wars, riots, earthquakes, storms, hurricanes, and floods. Skadoit acknowledges its sole purpose is to provide recovery of data in the event of such occurrences but this acknowledgement does not constitute or imply a warranty of any kind.
Ownership
Skadoit grants Customers a non-exclusive, non-transferable limited license to install the software and services distributed by Skadoit in object code form only on any computer or device from which Customer wishes to access the Skadoit!'s service is for the sole and exclusive purposes of connecting to and using Skadoit in accordance with these Terms and Conditions. Customer may not sub-license, or charge others to use or access Skadoit!'s Service.Skadoit occasionally will provide automatic updates intended to improve Skadoit!'s service to its Customers, although these updates may not be consistent across all platforms and devices. Customer agrees to accept and to take no action to interfere with such automatic updates and related services.Customer may not sell, assign, grant a security interest in or otherwise transfer any right in the Software or incorporate it (or any portion of it) into another product. Customer may not copy the Software. Customer may not translate reverse-engineer or reverse-compile or decompile, disassemble, make derivative works from, or otherwise attempt to discover any source code in the Software. Customer may not modify the Software or use it in any way not expressly authorized by these Terms and Conditions. Customer may not obtain the communications protocol for accessing Skadoit!'s service. Finally, Customer may not authorize or assist any third party to do any of the things described in this and previous paragraphs. Customer understands that Skadoit!'s introduction of various technologies may not be consistent across all platforms and that the performance and features offered by Skadoit may vary depending on
Customer's computer and other equipment.
Customer agrees to use/install with a paid subscription to any of Skadoit!'s services on only one device at a time. If Customer wishes to protect multiple devices, each requires a separate paid subscription.
Termination
Upon termination or expiration of Skadoit service subscription, Skadoit will promptly secure/disable the account(s) used for access to Skadoit!'s services by the Customer. Skadoit promises to maintain the integrity of the data residing on Skadoit!'s servers until the customer requests in writing the full deletion/removal of Customer data or a period of 30 days in the state of cancellation has been reached.
Terms
All setup fees and service payments are non-refundable unless cancellation occurs within the terms of Cancellation. There is a $25 charge on returned checks. Payment is due in advance of service for the period identified. Skadoit will discontinue services if payment is not received on or before the last day of current subscription period and will be retained for a period of 30 days before removed from our systems. Skadoit shall not be bound by any other terms or conditions in correspondence with Customers without prior written acceptance of such terms. Quotations and responses to requests for quotations do not include the price of sales tax or shipping unless these items are explicitly stated. Skadoit will not perform services for Customers with past due balances. This includes but is not limited to restoration of data stored on Skadoit!'s servers. Skadoit does not guarantee the price and/or the availability of product and/or services quoted.
