Terms of Service
PLEASE READ THESE TERMS OF SERVICE (“TERMS”) CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
Use of Site
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, ITS SERVICES, AND/OR CONTENT, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, SERVICES, OR CONTENT.
Skyway Concession Company, LLC (“Skyway”) authorizes you to view the materials on this internet website ("Site") for personal use only, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. You may not modify, reproduce or publicly display, perform, or distribute or otherwise use for any public or commercial purpose, any of the materials or data presented in this Site without the express written permission of Skyway or the copyright owner.
User Submissions
Other than personally identifiable information, which is covered under the Privacy Policy, any material, information or other communication you transmit or post to this Site will be considered non-confidential and non-proprietary ("Communications"). Your act of submission or posting will signify your recognition that Skyway will have no obligations with respect to the Communications. Skyway and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes.
Intellectual Property Ownership and Rights Notices
The Site and its content are protected by copyright, trademark, and other laws of the United States. You acknowledge and agree that the Site and its content, including all associated intellectual property rights, are the exclusive property of Skyway and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site or its content. All trademarks, service marks, logos, trade names, and any other proprietary designations of Skyway used on or in connection with the Site and related services are trademarks or registered trademarks of Skyway in the United States. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Site are used for identification purposes only and may be the property of their respective owners.
Links to Other Websites
The Site may contain links to third-party websites or resources. You acknowledge and agree that Skyway does not control and is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Skyway of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
Disclaimer
THE CONTENT AND SERVICES PROVIDED AT THIS SITE ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, SKYWAY EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. SKYWAY MAKES NO WARRANTY THAT THE SITE, CONTENT, OR SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. SKYWAY MAKES NO WARRANTY REGARDING THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE. Skyway may make changes to the content and services on this Site, at any time, without notice. The content and services at this Site may be out of date and Skyway makes no commitment to update them.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SKYWAY OR THROUGH THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Limitation of Liability
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Site and services remains with you.
NEITHER SKYWAY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SKYWAY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
Indemnification
You agree to release, defend, indemnify, and hold Skyway and its affiliates, officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site, services, or content, or your violation of these Terms, including but not limited to any losses, or damages (compensatory, direct, incidental, consequential or otherwise).
Unlawful or Prohibited Use
As a condition of your use of the Site, you agree not use the Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the services in any manner that could damage, disable, overburden, or impair any Skyway server, or the network(s) connected to any Skyway server, or interfere with any other party's use and enjoyment of the Site. You may not attempt to gain unauthorized access to services, materials, computer systems or networks connected to any Skyway server or to the Site, through hacking or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site.
Right to Change Terms
Skyway reserves the right to, at its sole discretion, to change, modify, add or remove portions of these Terms at any time. All such changes to these Terms will appear on this page of the Site. We encourage you to check for changes to these Terms regularly. By using the Site following any modifications to these Terms, you agree to be bound by any such modifications to these Terms. Unless explicitly stated otherwise, any new features that augment or enhance the current Site shall be subject to these Terms.
