Poles Made in the USA

Poles Made in the USA

Manufacturing Excellence in Pool Maintenance Since 1954

PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OF WEBSITE (THE “SITE”) OR OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS, OR USE OUR SITE OR OUR SERIVCES.

The present terms and conditions (this “Agreement” or “Terms”) is a legal agreement between you and Skimlite Mfg. (hereinafter “Skimlite”), a company duly organized and validly existing, located at 1518 Moffett St, Salinas, California 93905. This Agreement annuls and voids all previous agreements.

Overview

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products or Site for any illegal or unauthorized purpose nor may you, in the use of our products or Site, violate any laws in your jurisdiction (including but not limited to motor vehicle laws).You must not transmit any worms or viruses or any code of destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your account and right to use our Service.

We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice;

  1. Restrict, suspend or terminate your access to all or any part of our Site;
  2. Change, suspend or discontinue all or any part of our products or Site;
  3. Refuse, move, or remove any content that is available on all or any part of our Site;Deactivate or delete your accounts;
  4. Establish general practices and limits concerning use of our Site.

You agree that we will not be liable to you or any third party for taking any of these actions.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmission over various networks; and (b) change to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, re-sell or exploit any portion of the Site, use of the Site, or access to the Site or any contact on the site, without express written permission by us.

You may not modify, publish transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Skimlite content is not for resale. Use of the Site Does not entitle users to make any unauthorized use of any protected content, and in particular you will not delete or alter any protected rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Skimlite and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Skimlite or our licensors except as expressly authorized by these Terms.

Section 2 – Creating an Account

Once you create an account with us, you are registered on the Skimlite Site. The terms “member”, membership,” and “account” all refer to this registration as a member on Skimlite’s Site. If you are merely surfing or browsing through the Site and have not yet created an account, your use of the Site is still subject to this Agreement; if you do not agree to this Agreement, do not use the Site.

When you create an account, you will provide a unique username and email. We will also ask you to create a password. Because any activities that occur under your username or password are your responsibility it is important for you to keep your username and/or password secure. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Skimlite is not responsible for third party access to your account that results from theft or misappropriation of your account. Notify us immediately if you believe that someone has used your username, email, or password without your authorization.

Furthermore, the registering party hereby acknowledges, understands, and agrees to:

  • Furnish factual, correct, current and complete information with regards to yourself as may be requested by the data registration process, and
  • Maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all times.

If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, Skimlite Mfg. will have the sufficient grounds and rights to suspend or terminate the member in violation of this aspect of the Agreement, and as such refuse any and all current or future use of Skimlite Mfg. Services, or any portion thereof.

Section 3 – Conduct

As a user or member of the Site, you herein acknowledge, understand and agree that all information, text, software, data, photographs, music, videos, messages, tags or any other content, whether it is publicly or privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated. In short, this means that you are solely responsible for any and all content posted, uploaded, emailed, transmitted or otherwise made available by the way of the Skimlite Services, and such, we do not guarantee the accuracy, integrity or quality of such content. It is expressly understood that by use of our Services, you may be exposed to content including, but not limited to, any errors or omissions in any content posted, and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available by Skimlite.

Furthermore, you herein agree not to make use of Skimlite Mfg.’s Services for purpose of:

  1. Uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another’s privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable.
  2. Causing harm to minors in any manner whatsoever;
  3. Impersonating any individual or entity, including, but not limited to, any Skimlite officials, forum leaders, guides or hosts of falsely stating or otherwise misrepresenting any affiliation with and individual or entity;
  4. Forging captions, headings or titles or otherwise offering any content that you personally have no right to pursuant to any low nor having any contractual or fiduciary relationship with;
  5. Uploading, posting, emailing, transmitting, or otherwise offering any such content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party:
  6. Uploading, posting, emailing, transmitting, or otherwise offering any content that you do not personally have any right to offer pursuant to any low or in accordance with any contractual or fiduciary relationship;
  7. Uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising promotional flyers, “junk mail,” “spam,” or any other form of solicitation, except in any such areas that may have been designated for such purpose;
  8. Uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment;
  9. Disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users’ ability to participate in any real time interactions;
  10. Interfering with or disrupting any Skimlite Mfg. Services, servers and/or networks that may be connected or related to our website, including, but not limited to, the use of any devise software and/or routine to bypass the robot exclusion header;
  11. Intentionally or unintentionally violating any local, state, federal, national or international law, including, but not limited to, rules, guidelines, and/or regulations decreed by the U.S. Securities and Exchange Commission, in addition to any rules of any nation or other securities exchange, that would include without limitations, the New Your Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;
  12. Providing information support or resources, concealing an/or disguising the character, location, and or source to any organization delegated by the United States government as a “foreign terrorist organization” in accordance to Section 219 of the Immigration Nationality Act;
  13. “stalking” or with the intent to otherwise harass another individual; and/or
  14. Collecting or storing of any personal data relating to any other member or user in connection with the prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs.

Skimlite Mfg. herein reserves the right to pre-screen, refuse and/or delete any content currently available through our Services. In addition, we reserve the right to remove and/or delete any such content that would violate the Terms of which would otherwise be considered offensive to other visitors, users and/or members.

  1. Compliance with any legal process;
  2. Enforcement of the Terms;
  3. Responding to any claim that therein contained content is in violation of the rights of any third party;
  4. Responding to request for customer service; or
  5. Protecting the rights, property of the personal safety of Skimlite Mfg., its visitors, users, and members, including the general public

Skimlite Mfg. herein reserves the right to include the use of security components that may permit digital information or material to be protected, and that such use of the information and/or material is subject to usage guidelines and regulations established by Skimlite Mfg. or any other content providers supplying content services to Skimlite Mfg. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our Services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our Services, despite whether done so in whole or in part, is expressly prohibited.

Section 4 – Global Use; Export/Import Compliance

Due to the global nature of the internet, through the use of our network you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable content. Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to, the Export Administration Regulations (http://www.gpo.gov) , as well as the sanctions control program of the United States (http://treasury.gov/resource-center/sanctions/programs/pages/programs.aspx). Furthermore, you state and pledge that you:

  1. Are not on the list of prohibited individuals which may be identified of any government export exclusion report (https://www.bis.doc.gov/) nor a member of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations;
  2. Agree not to transfer any software, technology or any other technical data through the use of our network Services to any export-prohibited country;
  3. Agree not to use our website network Services for any military, nuclear, missile, chemical or biological weaponry end uses that would be a violation of the U.S. export laws: and
  4. Agree not to post, transfer nor upload any software, technology or any other technical data which would be in violation of the U.S. or other applicable export and/or import laws.
Section 5 – Submitted Content

Skimlite Mfg. shall not lay claim to ownership of any content submitted by any visitor, member, or user, nor make such content available for inclusion on our website Services. Therefore, you hereby gran and allow for Skimlite Mfg. the below listed worldwide, royalty-free and non-exclusive licenses, as applicable:

  1. The content submitted or made available for inclusion on the publicly accessible areas of Skimlite Mfg.’s Sites, the license provides to permit the use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services is for the sole purpose of providing and promoting the specific area to which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of Skimlite Mfg.’s sites, and shall terminate at such time when you elect to discontinue your membership.
  2. Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly accessible areas of the Skimlite Mfg.’s sites, the license provide to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services are for the sole purpose of providing and promoting the specific area in which the content was placed and/or made available for viewing. This license shall be available so long as you are a member of Skimlite Mfg.’s Sites and shall terminate at such time when you elect to discontinue your membership.
  3. For any other content submitted or made available for inclusion on the publicly accessible areas of Skimlite Mfg.’s sites, the continuous, binding and completely sub-licensable license which is meant to permit to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and/or publicly display said content, whether in whole or in part, and the incorporation of any such Content into other works in any arrangement or medium current used or later developed.

Those areas which may be deemed “publicly accessible” areas of Skimlite Mfg.’s Sites are those suck areas of our network properties which are meant to be available to the general public, and which would include message boards and groups that are openly available to both users and members. However, those areas which are not open to the public, and thus available to members only , would include our mail system and instant messaging.

Contributions to Company Website

Skimlite Mfg. may provide an area for our users and members to contribute feedback to our website. When you submit ideas, documents, suggestions and/or proposals (“Contributions”) to our site, you acknowledge and agree that:

  1. Your contributions do not contain any type of confidential or proprietary information;
  2. Skimlite shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any contributions;
  3. Skimlite shall be entitled to make use of and/or disclose any such Contributions in any such manner as they me see fit;
  4. The contributors shall automatically become the sole property of Skimlite; and
  5. Skimlite is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.
Section 6 – Indemnity

All users and/or members agree to insure and hold Skimlite MFg., our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a member or user of our Site may submit, post, modify, transmit or otherwise make available through our services, the use of Skimlite Services or your connection with these Services, your violations of the Terms of Services and/or violation of any such rights of another person.

Section 7- Commercial Reuse of Service

The member of user herein agrees no to replicate, duplicate, cope, trade, sell, resell nor exploit for any commercial reason any part, use of, of access to Skimlite Sites.

Section 8 – Modifications

Skimlite Mfg. reserves the right at any time it may deem fit, to modify, alter and or continue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.

Section 9 – Termination

As a member of www.skimlite.com , you may cancel or terminate your account, associated email address and/or access to our Services by submitting a cancellation or termination request to.

As a member, you agree that Skimlite Mfg. may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:

  1. Any breach or violation of our Terms or any other incorporated agreement, regulation and/or guideline;
  2. By the way of requests from law enforcement or any other government agencies;
  3. The discontinuance, alteration and/or material modifications to our Services, or any part thereof;
  4. Unexpected technical or security issues and /or problems;
  5. Any extended periods of inactivity;
  6. Any engagement by you in any fraudulent or illegal activities; and/or
  7. The nonpayment of any associated fees that may be owed by you in connection with your www.Skimlite.com account Services.

Furthermore, you herein agree that any and all terminations, suspensions, discontinuance, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to any of our Services.

The termination of your account with www.Skimlite.com shall include any and/or all of the following;

  1. The removal of any access to all or part of the Services offered with www.Skimlite.com;
  2. The deletion of your password and any and all related information, files, and any such content that may be associated with or inside your account, or any part thereof; and
  3. The barring of any further use of all or part of our Services.
Section 10 – Links

Either Skimlite Mfg. or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that Skimlite Mfg. shall not be responsible of liable, directly, or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be causes by or in connection with the use of or the reliance on such content, goods or Services made available on or through any such site or resource.

Section 11 – Proprietary Rights

You do hereby acknowledge and agree that Skimlite Mfg.’s Services and any essential software that may be used in connection with our Services (“Software”) shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by Skimlite Mfg. or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on Skimlite Mfg. Services (e.g., Content or Software), in whole or part.

Skimlite Mfg. herby grants you a personal, non-transferable and non-exclusive right and/or license to make use of the object code or our Software on a single computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature, or form, and as such, not use any modified versions of the Software, including and without limitations, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by Skimlite Mfg. for use in accessing our Services.

Section 12 – Warranty Disclaimers

YOU HEREIN EXPRESSLY ACKNOWLEGE AND AGREE THAT:

  1. THE USE OF SKIMLITE MFG. SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN “AS IS” AND/OR “AS AVAILABLE” BASIS. SKIMLITE MFG. AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHTER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABLILTY, FITNEESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
  2. SKIMLITE MFG. AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGETNS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) SKIMLITE MFG. SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE SKIMLITE MFG. SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERROS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
  3. ANY INFORMATION OR MATERIAL DOWLOADED OR OTHERWISE OBTAINED BY WAY OF SKIMLITE MFG. SERVICES OF SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK. AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATIN OR MATERIAL.
  4. NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM SKIMLITE MFG. OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
  5. A SMALL PERCENTAGE OF SOME USERS MAY EXPERINCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKOWN CONDITION OR UNDETECTED EPILEPTIC SYMPOTN IN USERS WHI HAVE SHOWN NOT HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DISSINESS, ALTERED VISION, EYE OF MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
Section 13 – Limitation of Liability

YOU EXPLICITY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT SKIMLITE MFG. AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOUR FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPEICAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA, AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:

  1. THE USE OF INABILITY TO USE OUR SERVICES;
  2. THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
  3. UNAUTHORIZED ACCES TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
  4. STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
  5. AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
Section 14 – Release

In the event you have a dispute, you agree to release Skimlite Mfg. (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.

Section 15 – Notice

Skimlite Mfg. may furnish you with notices, including those with regards to any changes to the Terms, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be herein after developed. Any such notice may not be received if you violate any aspects of the Terms by accessing our Services in an unauthorized manner. Your acceptance of this Agreement Constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.

Section 16 – Intellectual Property Rights

You herein acknowledge, understand, and agree that all o the Skimlite Mfg. trademarks, copyright, trade name, services marks, and other Skimlite Mfg. Logos and any brand features, and/or product and services names are trademarks and as such, are and shall remain the property of Skimlite Mfg.. You herein agree not to display and/or use in any manner the Skimlite Mfg. Logo or marks without obtaining Skimlite Mfg. prior written consent.

Skimlite Mfg. will always respect the intellectual property of others, and we ask that all of our users do the same. With regards to appropriate circumstances and at its sole discretion, Skimlite Mfg. may disable and/or terminate the accounts of any user who violates our Terms and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated you should provide us with the following information.

  1. The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;
  2. A description of the location of the site which you allege has been infringing upon your work;
  3. A description of the copyrighted work or other intellectual property that you believe has been infringed upon;
  4. Your physical address, telephone number, and email address;
  5. A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law;
  6. And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is truthful and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner’s behalf.

The Skimlite Mfg. agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:

Mailing address:

Skimlite Mfg.
Attn: Copyright Agent
1518 Moffet St
Suite E
Salinas, California 93905

Telephone: 831-422-1722

Email: customerservice@skimlite.com

Section 17 – Entire Agreement

This Agreement constitutes the entire agreement between you and Skimlite Mfg. and shall govern the use of our Services, superseding any prior versions of this Agreement between you and us with respect to Skimlite Mfg. Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Skimlite Services, affiliate Services, third-party content or third-party software.

Section 18 – Choice of Law and Forum

It is at the mutual agreement of both you and Skimlite Mfg. with regards to the Agreement that the relationship between the parties shall be governed by the laws of the state of California without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or related to the Agreement, or the relationship between you and Skimlite Mfg., shall be filed withing the courts having jurisdiction within the County of Monterey, California or the U.S. District Court Located in said state. You and Skimlite Mfg. agree to submit to the jurisdiction of the courts as previously mentioned and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.

Section 19 – Waiver and Severability of Terms

At any time, should Skimlite Mfg. fail to exercise or enforce any right or provision of the agreement, such failure shall not constitute as waiver of such right or provision. If any provision of this Agreement 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 Agreement remain in full force and effect.

Section 20 – No Right of Survivorship Non-Transferability

Your acknowledge, understand and agree that your account is non-transferable and any rights to your ID and/or content within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated, and all content therein permanently deleted.

Section 21 – Statue of Limitations

You acknowledge, understand, and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services, or the Agreement must be filed within 1 year(s) after said claim or cause of action arose or shall be forever barred.

Section 22 – Violations

Please report any and all violations of this Agreement to Skimlite Mfg. as follows:

Mailing address: 
Skimlite Mfg.
Attn: Copyright Agent
1518 Moffet St
Suite E
Salinas, California 93905

Telephone: 831-422-1722

Email: customerservice@skimlite.com

Section 23 – Government Request

In order to cooperate with government request, subpoenas or courts orders, to protect or systems, or to ensure the integrity of operation of our business and system, we may access and disclose any information we consider necessary or appropriate, including and without limitation, your information, IP address, and usage history. Our right to disclose any such information is governed by the terms of our Privacy Policy.

Section 24 – Foreign Access of Site

The Site is controlled, operated, and administered by Skimlite from our offices withing the USA. If you access the Site from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use Skimlite content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.

Section 25 – Errors, Inaccuracies and Omissions

Occasionally there may be information on our Site that contains typographical errors, inaccuracies or omissions that may relate to product description, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or commissions, and to change or update information or cancel orders if any information on the Site or on any related Site is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information on the Site or on any related Site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Site or on any related Site, should be taken to indicate that all information on the Site or on any related Site ahs been modified or updated.

Section 26- Privacy Policy

Every member’s registration data and various other personal information are strictly protected by the Skimlite Mfg. Online Privacy Policy. As a member you heroin consent to the collection and use of the information provided, including the transfer of information within the United States and/or other countered for storage, processing or use by Skimlite Mfg. and/or our subsidiaries and affiliates.

Section 27- Mobile Terms of Service

Last updated: Oct. 15, 2024

The Skimlite mobile message service (the "Service") is operated by Skimlite Manufacturing (“Skimlite”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Skimlite’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Skimlite through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Skimlite. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to +18446232113 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Skimlite mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to +18446232113 or email customerservice@skimlite.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.

PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OF WEBSITE (THE “SITE”) OR OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS, OR USE OUR SITE OR OUR SERIVCES.

The present terms and conditions (this “Agreement” or “Terms”) is a legal agreement between you and Skimlite Mfg. (hereinafter “Skimlite”), a company duly organized and validly existing, located at 1518 Moffett St, Salinas, California 93905. This Agreement annuls and voids all previous agreements.

Overview

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products or Site for any illegal or unauthorized purpose nor may you, in the use of our products or Site, violate any laws in your jurisdiction (including but not limited to motor vehicle laws).You must not transmit any worms or viruses or any code of destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your account and right to use our Service.

We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice;

  1. Restrict, suspend or terminate your access to all or any part of our Site;
  2. Change, suspend or discontinue all or any part of our products or Site;
  3. Refuse, move, or remove any content that is available on all or any part of our Site;Deactivate or delete your accounts;
  4. Establish general practices and limits concerning use of our Site.

You agree that we will not be liable to you or any third party for taking any of these actions.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmission over various networks; and (b) change to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, re-sell or exploit any portion of the Site, use of the Site, or access to the Site or any contact on the site, without express written permission by us.

You may not modify, publish transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Skimlite content is not for resale. Use of the Site Does not entitle users to make any unauthorized use of any protected content, and in particular you will not delete or alter any protected rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Skimlite and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Skimlite or our licensors except as expressly authorized by these Terms.

Section 2 – Creating an Account

Once you create an account with us, you are registered on the Skimlite Site. The terms “member”, membership,” and “account” all refer to this registration as a member on Skimlite’s Site. If you are merely surfing or browsing through the Site and have not yet created an account, your use of the Site is still subject to this Agreement; if you do not agree to this Agreement, do not use the Site.

When you create an account, you will provide a unique username and email. We will also ask you to create a password. Because any activities that occur under your username or password are your responsibility it is important for you to keep your username and/or password secure. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Skimlite is not responsible for third party access to your account that results from theft or misappropriation of your account. Notify us immediately if you believe that someone has used your username, email, or password without your authorization.

Furthermore, the registering party hereby acknowledges, understands, and agrees to:

  • Furnish factual, correct, current and complete information with regards to yourself as may be requested by the data registration process, and
  • Maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all times.

If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, Skimlite Mfg. will have the sufficient grounds and rights to suspend or terminate the member in violation of this aspect of the Agreement, and as such refuse any and all current or future use of Skimlite Mfg. Services, or any portion thereof.

Section 3 – Conduct

As a user or member of the Site, you herein acknowledge, understand and agree that all information, text, software, data, photographs, music, videos, messages, tags or any other content, whether it is publicly or privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated. In short, this means that you are solely responsible for any and all content posted, uploaded, emailed, transmitted or otherwise made available by the way of the Skimlite Services, and such, we do not guarantee the accuracy, integrity or quality of such content. It is expressly understood that by use of our Services, you may be exposed to content including, but not limited to, any errors or omissions in any content posted, and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available by Skimlite.

Furthermore, you herein agree not to make use of Skimlite Mfg.’s Services for purpose of:

  1. Uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another’s privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable.
  2. Causing harm to minors in any manner whatsoever;
  3. Impersonating any individual or entity, including, but not limited to, any Skimlite officials, forum leaders, guides or hosts of falsely stating or otherwise misrepresenting any affiliation with and individual or entity;
  4. Forging captions, headings or titles or otherwise offering any content that you personally have no right to pursuant to any low nor having any contractual or fiduciary relationship with;
  5. Uploading, posting, emailing, transmitting, or otherwise offering any such content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party:
  6. Uploading, posting, emailing, transmitting, or otherwise offering any content that you do not personally have any right to offer pursuant to any low or in accordance with any contractual or fiduciary relationship;
  7. Uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising promotional flyers, “junk mail,” “spam,” or any other form of solicitation, except in any such areas that may have been designated for such purpose;
  8. Uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment;
  9. Disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users’ ability to participate in any real time interactions;
  10. Interfering with or disrupting any Skimlite Mfg. Services, servers and/or networks that may be connected or related to our website, including, but not limited to, the use of any devise software and/or routine to bypass the robot exclusion header;
  11. Intentionally or unintentionally violating any local, state, federal, national or international law, including, but not limited to, rules, guidelines, and/or regulations decreed by the U.S. Securities and Exchange Commission, in addition to any rules of any nation or other securities exchange, that would include without limitations, the New Your Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;
  12. Providing information support or resources, concealing an/or disguising the character, location, and or source to any organization delegated by the United States government as a “foreign terrorist organization” in accordance to Section 219 of the Immigration Nationality Act;
  13. “stalking” or with the intent to otherwise harass another individual; and/or
  14. Collecting or storing of any personal data relating to any other member or user in connection with the prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs.

Skimlite Mfg. herein reserves the right to pre-screen, refuse and/or delete any content currently available through our Services. In addition, we reserve the right to remove and/or delete any such content that would violate the Terms of which would otherwise be considered offensive to other visitors, users and/or members.

  1. Compliance with any legal process;
  2. Enforcement of the Terms;
  3. Responding to any claim that therein contained content is in violation of the rights of any third party;
  4. Responding to request for customer service; or
  5. Protecting the rights, property of the personal safety of Skimlite Mfg., its visitors, users, and members, including the general public

Skimlite Mfg. herein reserves the right to include the use of security components that may permit digital information or material to be protected, and that such use of the information and/or material is subject to usage guidelines and regulations established by Skimlite Mfg. or any other content providers supplying content services to Skimlite Mfg. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our Services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our Services, despite whether done so in whole or in part, is expressly prohibited.

Section 4 – Global Use; Export/Import Compliance

Due to the global nature of the internet, through the use of our network you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable content. Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to, the Export Administration Regulations (http://www.gpo.gov) , as well as the sanctions control program of the United States (http://treasury.gov/resource-center/sanctions/programs/pages/programs.aspx). Furthermore, you state and pledge that you:

  1. Are not on the list of prohibited individuals which may be identified of any government export exclusion report (https://www.bis.doc.gov/) nor a member of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations;
  2. Agree not to transfer any software, technology or any other technical data through the use of our network Services to any export-prohibited country;
  3. Agree not to use our website network Services for any military, nuclear, missile, chemical or biological weaponry end uses that would be a violation of the U.S. export laws: and
  4. Agree not to post, transfer nor upload any software, technology or any other technical data which would be in violation of the U.S. or other applicable export and/or import laws.
Section 5 – Submitted Content

Skimlite Mfg. shall not lay claim to ownership of any content submitted by any visitor, member, or user, nor make such content available for inclusion on our website Services. Therefore, you hereby gran and allow for Skimlite Mfg. the below listed worldwide, royalty-free and non-exclusive licenses, as applicable:

  1. The content submitted or made available for inclusion on the publicly accessible areas of Skimlite Mfg.’s Sites, the license provides to permit the use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services is for the sole purpose of providing and promoting the specific area to which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of Skimlite Mfg.’s sites, and shall terminate at such time when you elect to discontinue your membership.
  2. Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly accessible areas of the Skimlite Mfg.’s sites, the license provide to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services are for the sole purpose of providing and promoting the specific area in which the content was placed and/or made available for viewing. This license shall be available so long as you are a member of Skimlite Mfg.’s Sites and shall terminate at such time when you elect to discontinue your membership.
  3. For any other content submitted or made available for inclusion on the publicly accessible areas of Skimlite Mfg.’s sites, the continuous, binding and completely sub-licensable license which is meant to permit to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and/or publicly display said content, whether in whole or in part, and the incorporation of any such Content into other works in any arrangement or medium current used or later developed.

Those areas which may be deemed “publicly accessible” areas of Skimlite Mfg.’s Sites are those suck areas of our network properties which are meant to be available to the general public, and which would include message boards and groups that are openly available to both users and members. However, those areas which are not open to the public, and thus available to members only , would include our mail system and instant messaging.

Contributions to Company Website

Skimlite Mfg. may provide an area for our users and members to contribute feedback to our website. When you submit ideas, documents, suggestions and/or proposals (“Contributions”) to our site, you acknowledge and agree that:

  1. Your contributions do not contain any type of confidential or proprietary information;
  2. Skimlite shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any contributions;
  3. Skimlite shall be entitled to make use of and/or disclose any such Contributions in any such manner as they me see fit;
  4. The contributors shall automatically become the sole property of Skimlite; and
  5. Skimlite is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.
Section 6 – Indemnity

All users and/or members agree to insure and hold Skimlite MFg., our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a member or user of our Site may submit, post, modify, transmit or otherwise make available through our services, the use of Skimlite Services or your connection with these Services, your violations of the Terms of Services and/or violation of any such rights of another person.

Section 7- Commercial Reuse of Service

The member of user herein agrees no to replicate, duplicate, cope, trade, sell, resell nor exploit for any commercial reason any part, use of, of access to Skimlite Sites.

Section 8 – Modifications

Skimlite Mfg. reserves the right at any time it may deem fit, to modify, alter and or continue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.

Section 9 – Termination

As a member of www.skimlite.com , you may cancel or terminate your account, associated email address and/or access to our Services by submitting a cancellation or termination request to.

As a member, you agree that Skimlite Mfg. may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:

  1. Any breach or violation of our Terms or any other incorporated agreement, regulation and/or guideline;
  2. By the way of requests from law enforcement or any other government agencies;
  3. The discontinuance, alteration and/or material modifications to our Services, or any part thereof;
  4. Unexpected technical or security issues and /or problems;
  5. Any extended periods of inactivity;
  6. Any engagement by you in any fraudulent or illegal activities; and/or
  7. The nonpayment of any associated fees that may be owed by you in connection with your www.Skimlite.com account Services.

Furthermore, you herein agree that any and all terminations, suspensions, discontinuance, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to any of our Services.

The termination of your account with www.Skimlite.com shall include any and/or all of the following;

  1. The removal of any access to all or part of the Services offered with www.Skimlite.com;
  2. The deletion of your password and any and all related information, files, and any such content that may be associated with or inside your account, or any part thereof; and
  3. The barring of any further use of all or part of our Services.
Section 10 – Links

Either Skimlite Mfg. or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that Skimlite Mfg. shall not be responsible of liable, directly, or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be causes by or in connection with the use of or the reliance on such content, goods or Services made available on or through any such site or resource.

Section 11 – Proprietary Rights

You do hereby acknowledge and agree that Skimlite Mfg.’s Services and any essential software that may be used in connection with our Services (“Software”) shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by Skimlite Mfg. or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on Skimlite Mfg. Services (e.g., Content or Software), in whole or part.

Skimlite Mfg. herby grants you a personal, non-transferable and non-exclusive right and/or license to make use of the object code or our Software on a single computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature, or form, and as such, not use any modified versions of the Software, including and without limitations, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by Skimlite Mfg. for use in accessing our Services.

Section 12 – Warranty Disclaimers

YOU HEREIN EXPRESSLY ACKNOWLEGE AND AGREE THAT:

  1. THE USE OF SKIMLITE MFG. SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN “AS IS” AND/OR “AS AVAILABLE” BASIS. SKIMLITE MFG. AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHTER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABLILTY, FITNEESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
  2. SKIMLITE MFG. AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGETNS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) SKIMLITE MFG. SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE SKIMLITE MFG. SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERROS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
  3. ANY INFORMATION OR MATERIAL DOWLOADED OR OTHERWISE OBTAINED BY WAY OF SKIMLITE MFG. SERVICES OF SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK. AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATIN OR MATERIAL.
  4. NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM SKIMLITE MFG. OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
  5. A SMALL PERCENTAGE OF SOME USERS MAY EXPERINCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKOWN CONDITION OR UNDETECTED EPILEPTIC SYMPOTN IN USERS WHI HAVE SHOWN NOT HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DISSINESS, ALTERED VISION, EYE OF MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
Section 13 – Limitation of Liability

YOU EXPLICITY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT SKIMLITE MFG. AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOUR FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPEICAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA, AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:

  1. THE USE OF INABILITY TO USE OUR SERVICES;
  2. THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
  3. UNAUTHORIZED ACCES TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
  4. STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
  5. AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
Section 14 – Release

In the event you have a dispute, you agree to release Skimlite Mfg. (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.

Section 15 – Notice

Skimlite Mfg. may furnish you with notices, including those with regards to any changes to the Terms, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be herein after developed. Any such notice may not be received if you violate any aspects of the Terms by accessing our Services in an unauthorized manner. Your acceptance of this Agreement Constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.

Section 16 – Intellectual Property Rights

You herein acknowledge, understand, and agree that all o the Skimlite Mfg. trademarks, copyright, trade name, services marks, and other Skimlite Mfg. Logos and any brand features, and/or product and services names are trademarks and as such, are and shall remain the property of Skimlite Mfg.. You herein agree not to display and/or use in any manner the Skimlite Mfg. Logo or marks without obtaining Skimlite Mfg. prior written consent.

Skimlite Mfg. will always respect the intellectual property of others, and we ask that all of our users do the same. With regards to appropriate circumstances and at its sole discretion, Skimlite Mfg. may disable and/or terminate the accounts of any user who violates our Terms and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated you should provide us with the following information.

  1. The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;
  2. A description of the location of the site which you allege has been infringing upon your work;
  3. A description of the copyrighted work or other intellectual property that you believe has been infringed upon;
  4. Your physical address, telephone number, and email address;
  5. A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law;
  6. And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is truthful and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner’s behalf.

The Skimlite Mfg. agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:

Mailing address:

Skimlite Mfg.
Attn: Copyright Agent
1518 Moffet St
Suite E
Salinas, California 93905

Telephone: 831-422-1722

Email: customerservice@skimlite.com

Section 17 – Entire Agreement

This Agreement constitutes the entire agreement between you and Skimlite Mfg. and shall govern the use of our Services, superseding any prior versions of this Agreement between you and us with respect to Skimlite Mfg. Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Skimlite Services, affiliate Services, third-party content or third-party software.

Section 18 – Choice of Law and Forum

It is at the mutual agreement of both you and Skimlite Mfg. with regards to the Agreement that the relationship between the parties shall be governed by the laws of the state of California without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or related to the Agreement, or the relationship between you and Skimlite Mfg., shall be filed withing the courts having jurisdiction within the County of Monterey, California or the U.S. District Court Located in said state. You and Skimlite Mfg. agree to submit to the jurisdiction of the courts as previously mentioned and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.

Section 19 – Waiver and Severability of Terms

At any time, should Skimlite Mfg. fail to exercise or enforce any right or provision of the agreement, such failure shall not constitute as waiver of such right or provision. If any provision of this Agreement 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 Agreement remain in full force and effect.

Section 20 – No Right of Survivorship Non-Transferability

Your acknowledge, understand and agree that your account is non-transferable and any rights to your ID and/or content within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated, and all content therein permanently deleted.

Section 21 – Statue of Limitations

You acknowledge, understand, and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services, or the Agreement must be filed within 1 year(s) after said claim or cause of action arose or shall be forever barred.

Section 22 – Violations

Please report any and all violations of this Agreement to Skimlite Mfg. as follows:

Mailing address: 
Skimlite Mfg.
Attn: Copyright Agent
1518 Moffet St
Suite E
Salinas, California 93905

Telephone: 831-422-1722

Email: customerservice@skimlite.com

Section 23 – Government Request

In order to cooperate with government request, subpoenas or courts orders, to protect or systems, or to ensure the integrity of operation of our business and system, we may access and disclose any information we consider necessary or appropriate, including and without limitation, your information, IP address, and usage history. Our right to disclose any such information is governed by the terms of our Privacy Policy.

Section 24 – Foreign Access of Site

The Site is controlled, operated, and administered by Skimlite from our offices withing the USA. If you access the Site from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use Skimlite content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.

Section 25 – Errors, Inaccuracies and Omissions

Occasionally there may be information on our Site that contains typographical errors, inaccuracies or omissions that may relate to product description, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or commissions, and to change or update information or cancel orders if any information on the Site or on any related Site is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information on the Site or on any related Site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Site or on any related Site, should be taken to indicate that all information on the Site or on any related Site ahs been modified or updated.

Section 26- Privacy Policy

Every member’s registration data and various other personal information are strictly protected by the Skimlite Mfg. Online Privacy Policy. As a member you heroin consent to the collection and use of the information provided, including the transfer of information within the United States and/or other countered for storage, processing or use by Skimlite Mfg. and/or our subsidiaries and affiliates.

Section 27- Mobile Terms of Service

Last updated: Oct. 15, 2024

The Skimlite mobile message service (the "Service") is operated by Skimlite Manufacturing (“Skimlite”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Skimlite’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Skimlite through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Skimlite. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to +18446232113 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Skimlite mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to +18446232113 or email customerservice@skimlite.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.

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