Effective date: 09/28/2018Welcome to Skip. Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications (the “Services”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at email@example.com
and Copyright Dispute Policy.Will these Terms ever change?
We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the getskip.com website, by sending you an email, and/or by some other means.If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.What about my privacy?
.The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at firstname.lastname@example.org
.What are the basics of using Skip?
The Services are intended to facilitate faster checkouts from participating merchant retailers (“merchants”, “retailers”, “partner retailers”, “stores”, or “storefronts”). However, for the avoidance of all doubt, a merchant or the Company may, each in its sole discretion, require you to verify your purchases via the Services with the merchant before leaving the merchant’s premises. You may be required to sign up for an account, and select a password and user name (“Services User ID”). You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your Services User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.You represent and warrant that you are of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf). If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).You will only use the Services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.You will not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account.Your use of the Services is subject to the following additional restrictions:
You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the Services or interact with the Services in a manner that:Infringes or violates the intellectual property rights or any other rights of anyone else (including the Company);Violates any law or regulation, including, without limitation, purchasing an age-restricted item when you are not of sufficient age;Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable, including, without limitation, stealing (or similar) or attempting to do so;Jeopardizes the security of your Skip account or anyone else’s (such as allowing someone else to log in to the Services as you);Attempts, in any manner, to obtain the password, account, or other security information from any other user;Violates the security of any computer network, or cracks any passwords or security encryption codes;Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);“Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);Copies or stores any significant portion of the Content;Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.A violation of any of the foregoing is grounds for termination of your right to use or access the Services. What are my rights with the Services?
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including the Company’s) rights.You understand that the Company owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services.The Services may allow you to copy or download certain Content; please remember that just because this functionality exists, doesn’t mean that all the restrictions above don’t apply – they do!Do I have to grant any licenses to the Company or to other users?
to the extent they relate to User Submissions that are also your personally-identifiable information.For all User Submissions, you hereby grant the Company a license to translate, modify (for technical purposes, for example making sure your content is viewable on an iPhone as well as a computer) and reproduce and otherwise act with respect to such User Submissions, in each case to enable us to operate the Services, as described in more detail below. This is a license only – your ownership in User Submissions is not affected.If you store a User Submission in your own personal Skip account, in a manner that is not viewable by any other user except you (a “Personal User Submission”), you grant the Company the license above, as well as a license to display, perform, and distribute your Personal User Submission for the sole purpose of making that Personal User Submission accessible to you and providing the Services necessary to do so.If you share a User Submission only in a manner that only certain specified users can view (for example, a private message to one or more other users) (a “Limited Audience User Submission”), then you grant the Company the licenses above, as well as a license to display, perform, and distribute your Limited Audience User Submission for the sole purpose of making that Limited Audience User Submission accessible to such other specified users, and providing the Services necessary to do so. Also, you grant such other specified users a license to access that Limited Audience User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services. PLEASE NOTE, RECIPIENT USERS MAY MAKE YOUR LIMITED AUDIENCE USER SUBMISSION PUBLIC (OR AVAILABLE TO A LARGER AUDIENCE) AT ANY TIME WITHOUT NOTICE TO YOU, AT WHICH POINT SUCH LIMITED AUDIENCE USER SUBMISSION WILL BE DEEMED A PUBLIC USER SUBMISSION.If you share a User Submission publicly on the Services and/or in a manner that more than just you or certain specified users can view, or if you provide us (in a direct email or otherwise) with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Services (each of the foregoing, a “Public User Submission”), then you grant the Company the licenses above, as well as a license to display, perform, and distribute your Public User Submission for the purpose of making that Public User Submission accessible to all Skip users and providing the Services necessary to do so, as well as all other rights necessary to use and exercise all rights in that Public User Submission in connection with the Services and/or otherwise in connection with the Company’s business for any purpose. Also, you grant all other users of the Services a license to access that Public User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.You acknowledge and agree that the Company may use the camera on your device to take pictures or videos while you are using the Services for the purposes of identifying items for purchase or to capture your likeness for your profile, and you also acknowledge and agree that the Company may condition your use of the Services upon you providing all device permissions necessary for the Company to exercise such right. Additionally, you acknowledge and agree that the Company may have devices at a merchant’s premises that may capture your likeness or image via picture or video. Any images or videos captured by your device and uploaded to the Services or captured by the Company devices on the merchant’s premises are deemed a “Personal User Submission” with the exception that the Company may share these images and videos with merchants for the purposes of verifying your purchases (including, without limitation, identifying items that you failed to pay for when you checked out of a merchant storefront) and with law enforcement for any purpose. The Company will use commercially reasonable efforts to promptly delete each such image or video after 90 days have passed unless the Company has reason to believe that such image or video may be useful in identifying unpaid items or otherwise believes it is necessary to retain such images or videos for legal purposes (Skip will use commercially reasonable efforts to delete such images or videos once such usefulness or purpose has passed, in the Company’s sole discretion).You also agree that the Company may derive analytics and other data from your usage of the Services or information or data that you submit to the Services (“Derived Data”), and that the Company may freely use and distribute such Derived Data for the Company’s business purposes (including without limitation, for purposes of developing, improving, testing, operating, promoting and marketing the Company’s products and services). For example, the Company may generate a dynamic user rating for you based on your usage of the Services similar to one used by your favorite ride-sharing service, and the Company may share this user rating with merchants that are users of a Skip service.You agree that the licenses you grant are royalty-free, perpetual, sublicenseable, irrevocable, and worldwide. Finally, you understand and agree that the Company, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.What if I see something on the Services that infringes my copyright?
You may have heard of the Digital Millennium Copyright Act (the “DMCA”), as it relates to online service providers, like Skip, being asked to remove material that allegedly violates someone’s copyright. We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers; to review our complete Copyright Dispute Policy and learn how to report potentially infringing content, click here. To learn more about the DMCA, click here
. Who is responsible for what I see and do on the Services?
We’re always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.Does the Service cost anything?
You understand that request or use of the Services may result in charges to you (“Charges”) when you complete a purchase. Charges typically
only include the list price and associated taxes for items you purchase via the Services, but at times may include other applicable fees or surcharges. The Company has the authority and reserves the right to determine and modify pricing by posting a notice within the Services or by sending you an email. You are responsible for all Charges incurred under your Services User ID regardless of your awareness of such Charges or the amounts thereof.General.Facilitation of Charges
. All Charges are facilitated through a third-party payment processing service (e.g. First Data, Stripe, or similar). The Company may replace its third-party payment processing services without notice to you.No Refunds
. Charges paid by you for completed orders are final and non-refundable. You acknowledge and agree that it is your sole responsibility to validate the price and quantity of the items in your transaction prior to completing a purchase
. The Company has no obligation to provide refunds or credits, but may grant them, in each case in the Company’s sole discretion. Refund requests
must be made by you to the retailer within 3 business days from purchase date. If a merchant elects, in its sole discretion, to accept a return of an undamaged item for a refund of the purchase price, refunds to your original payment method cannot be guaranteed due to the time-sensitive nature of authorization tokens for mobile payments. This no-refund policy shall apply at all times regardless of your decision to terminate usage of the Services, any disruption to the Services, or any other reason whatsoever.Credit (or Debit) Card Authorization.
Upon addition of a new payment method or each checkout, the Company may seek authorization of your selected payment method to verify the payment method, ensure the checkout cost will be covered, and protect against unauthorized behavior. The authorization is not a charge, however, it may reduce your available credit by the authorization amount until your bank’s next processing cycle. Should the amount of our authorization exceed the total funds on deposit in your account, you may be subject to overdraft of NSF charges by the bank issuing your debit or prepaid card. We cannot be held responsible for these charges and are unable to assist you in recovering them from your issuing bank.
Fees and Other Charges.Additional fees may apply to certain order types at certain merchant locations. Skip will notify you of such fees prior to you completing a purchase that carries such a fee (i.e. Service Fee, Delivery Fee, Pickup Fee), when applicable.Unpaid Item Fee
. If the Company, or retailer, has reason to believe that you exited a storefront without paying for all of the items which you removed from the store, you acknowledge and agree to retroactively pay the list price and tax of such item(s), as well as an “Unpaid Item Fee” of up to
5x the item price, per unpaid item (as determined by the Company in its sole discretion). Payment for such fees will be processed by Skip, using the preferred payment method designated in your account. Due to the nature of this fee, the Company is not required to notify you prior to charging one of your payment methods from your account. If you believe that you have been charged an Unpaid Item Fee in error, you may contact the Company to dispute the charge within 21 days of incurring such fee by emailing email@example.com
. You should be prepared to provide reasonable evidence and explanation for why you believe such charge is in error, for the Company to review in its sole discretion. What if I want to stop using Skip?
You’re free to do that at any time, by contacting us at firstname.lastname@example.org
, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Services. The Company is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms (such as theft or other inappropriate behaviors). The Company has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account. If you have deleted your account by mistake, contact us immediately at email@example.com
– we will try to help, but unfortunately, we can’t promise that we can recover or restore anything.Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.I use the Skip App available via the Apple App Store – should I know anything about that?
These Terms apply to your use of all the Services, including the iPhone and iPad applications available via the Apple, Inc. (“Apple”) App Store (the “Application”), but the following additional terms also apply to the Application:Both you and Skip acknowledge that the Terms are concluded between you and the Company only, and not with Apple, and that Apple is not responsible for the Application or the Content;The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services;You will only use the Application in connection with an Apple device that you own or control;You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenanceand support services with respect to the Application;In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;You acknowledge and agree that Skip, and not Apple, is responsible for addressing any claimsyou or any third party may have in relation to the Application;You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Skip, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;Both you and Skip acknowledge and agree that, in your use of the Application, you will complywith any applicable third party terms of agreement which may affect or be affected by such use; andBoth you and Skip acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.What else do I need to know?Warranty Disclaimer.
Neither Skip nor its licensors or suppliers makes any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty of any kind from the Company or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). THE SERVICES AND CONTENT ARE PROVIDED BY SKIP (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.Limitation of Liability
. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL SKIP (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO SKIP IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.Indemnity
. To the fullest extent allowed by applicable law, you agree to indemnify and hold Skip, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).Assignment
. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without the Company’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.Choice of Law; Arbitration
. These Terms are governed by and will be construed under the laws of the State of Delaware, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in Salt Lake City, Utah, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, Salt Lake City, Utah, or the District of Utah.Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.Miscellaneous
. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the Company may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and the Company agree that these Terms are the complete and exclusive statement of the mutual understanding between you and the Company, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of the Company, and you do not have any authority of any kind to bind the Company in any respect whatsoever. Except as expressly set forth in the section above regarding the Apple Application, you and the Company agree there are no third party beneficiaries intended under these Terms.