Skylight Calendar

Terms of Service

SKYLIGHT APPLICATION AND DIGITAL FRAME by GLIMPSE LLC

IMPORTANT: BY USING YOUR SKYLIGHT APPLICATION AND DIGITAL FRAME YOU ARE AGREEING TO THE TERMS BELOW.

THE TERMS

Hardware

DISCLAIMER OF WARRANTY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE HARDWARE IS PROVIDED “AS IS” WITH ALL FAULTS. TO THE EXTENT PERMITTED BY LAW, THIS DISCLAIMER OF WARRANTY AND THE REMEDIES SET FORTH ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED. GLIMPSE LLC DISCLAIMS ALL STATUTORY AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS, TO THE EXTENT PERMITTED BY LAW. IN SO FAR AS SUCH WARRANTIES CANNOT BE DISCLAIMED, GLIMPSE LLC LIMITS THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE DURATION OF SIX MONTHS AND, AT GLIMPSE LLC'S OPTION, THE REPAIR OR REPLACEMENT SERVICES. SOME STATES (COUNTRIES AND PROVINCES) DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY (OR CONDITION) MAY LAST, SO THE LIMITATION DESCRIBED ABOVE MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, GLIMPSE LLC IS NOT RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOSS OF USE; LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS);; LOSS OF REPUTATION; LOSS OF, DAMAGE TO, COMPROMISE OR CORRUPTION OF DATA; OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED INCLUDING THE REPLACEMENT OF EQUIPMENT AND PROPERTY, ANY COSTS OF RECOVERING, PROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA STORED IN OR USED WITH THE GLIMPSE LLC PRODUCT OR ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF INFORMATION STORED ON THE GLIMPSE LLC PRODUCT.

THE FOREGOING LIMITATION SHALL NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS, OR ANY STATUTORY LIABILITY FOR INTENTIONAL AND GROSS NEGLIGENT ACTS AND/OR OMISSIONS. GLIMPSE LLC DISCLAIMS ANY REPRESENTATION THAT IT WILL BE ABLE TO REPAIR ANY DEVICE UNDER THIS WARRANTY OR REPLACE THE GLIMPSE LLC PRODUCT WITHOUT RISK TO OR LOSS OF INFORMATION STORED IN THE GLIMPSE LLC PRODUCT.

SOME STATES (COUNTRIES AND PROVINCES) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

In no event shall GLIMPSE LLC’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of one hundred (U.S.$100.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

Software

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE SOFTWARE AND ANY SERVICES PERFORMED BY OR ACCESSED THROUGH THE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND GLIMPSE LLC HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

GLIMPSE LLC DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE AND SERVICES, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE AND SERVICES WILL BE UNINTERRUPTED OR ERROR- FREE, THAT DEFECTS IN THE SOFTWARE OR SERVICES WILL BE CORRECTED.

YOU FURTHER ACKNOWLEDGE THAT THE SOFTWARE AND SERVICES ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SOFTWARE OR SERVICES COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL DAMAGE.

NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY GLIMPSE LLC OR A GLIMPSE LLC AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL GLIMPSE LLC, ITS AFFILIATES, AGENTS OR PRINCIPALS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SOFTWARE AND SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF GLIMPSE LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.

In no event shall GLIMPSE LLC’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of one hundred dollars (U.S.$100.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

CONTENT DISCLAIMER.You understand that by using any media sharing capabilities of this device You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language or content. Nevertheless, You agree to use this product at Your sole risk and that Glimpse LLC shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable REGARDLESS OF HOW THAT MATERIAL GOT TO THE DEVISE. IN ADDITION, WHILE GLIMPSE LLC ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL ALWAYS BE SECURE OR ERROR-FREE OR THAT THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS.

ALTERNATIVE DISPUTE RESULUTION. If a dispute arises, the parties shall use their best efforts to settle the dispute, claim, question, or disagreement first by direct negotiation. If the dispute cannot be settled through direct negotiation within a period of 60 days, the parties agree to try in good faith to settle the dispute by mediation administered by the American Arbitration Association (AAA) under its Mediation Rules located in 120 Broadway, New York, NY 10271 before resorting to binding and final arbitration by the AAA in New York, thereby waiving jury trial and appeal.

 Arbitration Clause Provisions:

Arbitration Disclosure: By using the Skylight Application and Digital Frame you agree that all disputes arising out of or in connection with the present agreement, or the application therefore or any instrument relating thereto, then either you or third parties involved will have the dispute finally resolved by binding arbitration.

Arbitration Provisions: Any claim, dispute, or controversy arising from or relating to this Agreement, shall be finally settled and binding under the Rules of Arbitration of the AAA by one arbitrator.

Documentation: Each party will, upon written request of the other party, promptly provide the other with copies of all relevant documents. There shall be no other discovery allowed. The arbitration will be based on the submission of documents and there shall be no in-person or oral hearing.

Setting Provisions: The arbitration will be conducted accordance with the AAA in New York.

Number and Selection of Arbitrators: One arbitrator chosen by the AAA.

Costs/awards: Judgment upon the arbitral award may be entered in any court having jurisdiction over the parties or their assets. The prevailing party shall be entitled to recover its reasonable costs, including witness costs, and attorney fees as part of any award entered by the arbitrator.

Procedure: Except for those procedures specifically set forth herein, the arbitration shall be conducted in accordance with the Rules of Arbitration of the AAA, and New York law.