Adamantium Real Estate, LLC/Skinwalker Ranch
Updated and Effective as of March 8, 2023
Additional Terms. In some instances, both these Terms and separate guidelines or official rules setting forth additional or different terms and/or conditions will apply to your use of our Services (“Additional Terms”). By way of example, contests may require agreement to Additional Terms to participate and those Additional Terms are incorporated into these Terms by this reference.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN SECTION 15 BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
QUICK LINKS. We recommend that you read these Terms in full to ensure you are fully informed. However, to make it easier for you to review those parts of these Terms which apply to you, we have divided up the document into the following sections:
- Who We Are
- Acceptance of Terms
- Account and Contact Information
- Payment and Cancelation Rights
- Use of Site and Services
- Proprietary Rights
- Digital Millennium Copyright Act Notice
- Disclaimer of Warranties
- Limitation of Liability
- California Resident Rights
- International Users
- Third Party Links
- Arbitration / Dispute Resolution
- No Rights of Third Parties
- Contacting Us
Adamantium Real Estate LLC is a U.S. based company that provides recreation facilities and entertainment services, including the production of online and streaming content relating to Skinwalker Ranch which is a ranch located southeast of Ballard, Utah, that is reputed to be the site of paranormal and UFO-related activities.
Agreement to the Terms. Each time that you access our Site or use the Services you signify that you have read, understand, and agree to be bound by these Terms. If you do not agree to any of these Terms, you must discontinue using the Site and Services.
Eligibility/Capacity. Our Site is a general purpose Site. You represent and warrant that you are at least 18 years old and that you possess the legal right and ability to enter into this agreement and to use the Site and Services in accordance with these Terms. If we have any reason to believe you are not 18 or older we may terminate your access to the Site or Services. By accessing or using the Site or Services you represent and warrant that you have the right, authority and capacity to enter into this agreement and to abide by these Terms. This agreement governs the acceptable use of the Site, Services, and content accessed through the Site, and your rights, obligations and restrictions regarding your use of our products and Services.
Electronic Form/Communications. By accessing or using the Site or Services you consent to having this Agreement provided to you in electronic form and receiving communications from us electronically. We may communicate with you by postal mail, e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirements that such communications be in writing.
- ACCOUNT AND CONTACT INFORMATION
Access to the Site and Services. If you are browsing the Site or Services and have not used our Services, you will still be subject to these Terms.
Account. You must provide accurate, current and complete information when using our Services. Any falsification of any information whatsoever may, at Skinwalker Ranch’s option, result in immediate suspension or termination of your right to use the Services.
Contacting You. When you provide us with contact information in connection with a particular activity or when using our Services, such as an email address or telephone number, you agree that this action constitutes a purchase or inquiry establishing a business relationship with us. You expressly consent to our communicating with you using contact information obtained directly from you or which is provided to us with your consent. You attest that you have the legal authority over any contact information provided to us and can provide us and/or third parties with the authorization to contact you. This means you may be contacted in person or by recorded message, by e-mail, telephone and/or mobile telephone number (including use of automated dialing equipment), text (SMS) message, IM messaging, or any other means of communication that your wireless or other telecommunications device may be capable of receiving), in accordance with applicable laws or regulations (“Applicable Laws”).
Termination. Skinwalker Ranch may terminate your access to its Sites or Services immediately or disable any username, password, or other identifier, at any time without notice, if, in Skinwalker Ranch’s sole opinion, you have violated any provision of these Terms. Termination will not limit any of Skinwalker Ranch’s rights or remedies at law or in equity.
Making a Purchase. Please refer to the applicable offer for a description of the products sold on our Site and pricing. Any terms and conditions of any offer disclosed to you when ordering are deemed part of these Terms. We reserve the right to change the fees for products and will provide notice of any increase prior to your being charged.
Orders. Any prices displayed on the Site are quoted in U.S. dollars and are intended to be valid and effective only in the United States. We will add shipping and handling fees and applicable sales/use tax in accordance with our then-current policies. All orders are for personal use only and orders for resale are prohibited.
No Binding Offer. Nothing on the Site constitutes a binding offer to sell, distribute or give away any products or services. In the event the products and services are listed at an incorrect price, we have the right to refuse or cancel orders placed at the incorrect price, regardless of whether the order has been confirmed or you have been charged. We reserve the right at any time after receipt of your order to accept or decline such order, or any portion thereof, or to not ship to particular addresses, even after your receipt of an order confirmation or after you have been charged. We also reserve the right at any time to limit the quantities ordered for you or your household. There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We make no representation as to whether information on the Site or Services is current or the completeness or accuracy of any information on the Site or Services.
Membership And Recurring Billing. If you become a member, you will be charged for your membership using the billing information you provide at the time of enrollment (your “Billing Account”). By purchasing a membership, you authorize your Billing Account to be charged the fees then in effect for the membership on a recurring basis without any further authorization from you. Your non-termination constitutes your authorization for your Billing Account to be charged in accordance with and at the frequency (e.g., monthly or annually) identified at the time of enrollment. We reserve the right to correct any errors or mistakes contained in your Billing Account information and to update your Billing Account information from available third-party sources. The terms of your payment may be determined by agreements between you and the financial institution, debit/credit card issuer or other provider of your chosen payment method (your “Payment Method Provider”). If Skinwalker Ranch does not receive payment from your Payment Method Provider, or we are advised of insufficient funds in your account or credit to cover your payment we may re-present such un-cleared or rejected payment, or the amount due in partial increments, to your Payment Method Provider. In the event we have to collect unpaid amounts you owe us, you will be liable for all collection costs, including attorneys’ and collection agency fees. In the event we cannot charge the payment method you provide, we reserve the right to suspend or cancel your membership and invoice you for any unpaid amounts.
Free or Introductory Promotional Offer. If you enrolled for a membership under a special introductory offer (e.g., a free or discounted initial trial), you are subject to the terms of the offer you accepted and, unless you cancel within the time frame presented in the offer, the applicable regular charge for the Services you selected will be posted to your payment method after the introductory offer or trial period is completed. We reserve the right to limit any introductory or trial offer to one per person/household.
How to Cancel Auto-Renewal. Our membership plans are subject to automatic renewal and therefore you will be charged for the term you select on a recurring basis. You can cancel your membership at any time to avoid future charges, or to receive a pro rata refund for an annual membership. To cancel any membership and any corresponding charges go online to your account or contact customer service at [email protected] or go online to your account. Unless cancelled in the time frame provided, your membership will be automatically renewed based on the term you accepted. The deadline for cancelation to avoid a future charge will be in your My Account details.
Cancelation rights. YOU MAY CANCEL YOUR MEMBERSHIP WITHIN THE FIRST THREE DAYS AFTER YOU ACCEPT AN OFFER. Please contact member support if you wish a full refund, as opposed to a pro-rata refund, within those 3 days.
Billing Related Inquiries. To change your payment method or for any other billing related inquiries, please contact customer service at [email protected].
Current Billing Information Required. You must promptly notify Skinwalker Ranch if your payment method is canceled (e.g., for loss or theft). If you fail to notify us, you remain responsible for any continued charges to the payment method you provided.
Change in Fees for Recurring Charges. Skinwalker Ranch reserves the right to change the fees for membership and will provide no less than 30 days’ notice of any increase prior to your being charged the new rate.
Content. The content on the Site is accessible to all visitors to the Site. You understand that the Site and/or Service may contain links to other websites, which are completely independent of Skinwalker Ranch. We do not recommend or endorse any specific product or service that can be accessed from the Site, and we do not make any representation or warranty as to the accuracy, completeness, or authenticity of the information contained on the Site or any other websites accessible from the Site.
Posting of User Content. The Services may contain communication services (“Public Forums”) designed to enable you to post and communicate content, such as reviews, photos, videos, or other information or content (collectively, “User Content”) with other members or visitors to our Sites. You agree that all such User Content you submit, post, upload, embed, display or communicate through the Services will comply with these Terms and the Rules of Conduct set forth below. You acknowledge and agree that when you post User Content it is available to the public and that you have no expectation of privacy concerning your User Content. As a result, please exercise caution when posting any personal information in User Content as it may be seen and used by others. Skinwalker Ranch has no obligation to monitor User Content but reserves the right to review and remove any User Content at any time, without notice, for any reason and in its sole discretion.
- Your User Content. All of your User Content either must be original with you or you must have all necessary rights in it from third parties in order to permit you to comply with these Terms. Your User Content should not contain any visible logos, phrases, or trademarks that belong to third parties. Do not use any User Content that belongs to other people and pass it off as your own; this includes any content that you might have found elsewhere on the Internet. If anyone contributes to your User Content or has any rights to your User Content, or if anyone appears or is referred to in the User Content, then you must also have their permission to submit or post such User Content. (For example, if someone has taken a picture of you and your friend, and you submit or post that photo to Company as your User Content, then you must obtain your friend’s and the photographer’s permission to do so.)
- Speaking Of Photos: No Pictures, Videos, Or Images Of Anyone Other Than For Whom You have Received Permission. If you choose to submit photos to the Site, link to embedded videos, or include other images of real people, then make sure they are of you or you have their express permission to submit it.
- Act Appropriately. All of your Site activities must be venue appropriate, as determined by us. Be respectful of others’ opinions and comments so we can continue to build community for everyone to enjoy. If you think your User Content might offend someone or be embarrassing to someone, then chances are it probably will, and it doesn’t belong on the Site. Cursing, harassing, stalking, insulting comments, personal attacks, gossip, and similar actions are prohibited. Your User Content must not threaten, abuse, or harm others, and it must not include any negative comments that are connected to race, national origin, gender, sexual orientation, or physical handicap. Your User Content must not be defamatory, slanderous, indecent, obscene, pornographic, or sexually explicit.
- Do Not Use For Commercial Or Political Purposes. Your User Content must not advertise or promote a product or commercial activity, or a politician, public servant, or law.
- Do Not Use For Inappropriate Purposes. Your User Content must not promote any infringing, illegal, or other similarly inappropriate activity.
- Be Honest And Do Not Misrepresent Yourself Or Your User Content. Do not impersonate any other person, user, or company, and do not submit User Content that you believe may be false, fraudulent, deceptive, inaccurate, or misleading, or that misrepresents your identity or affiliation with a person or company.
- Others Can See. We hope that you will use the Public Forums to exchange information and content and have venue appropriate discussions with other members. However, please remember that the Public Forums are public or semi-public and User Content that you submit on the Site within a Community may be accessible and viewable by other users. Do not submit personally identifying information (e.g., first and last name together, password, phone number, address, credit card number, medical information, e-mail address, or other personally identifiable information or contact information) and take care when disclosing this type of information to others.
- Your Interactions With Other Users; Disputes. You are solely responsible for your interaction with other users of the Site, whether online or offline. We are not responsible or liable for the conduct or content of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment in your interactions with others (e.g., when you submit any personal or other information) and in all of your other online activities.
Monitoring. Skinwalker Ranch reserves the right to monitor all network traffic to the Site or Services and anyone using the Site or Services expressly acknowledges that such monitoring may occur. Skinwalker Ranch may block unauthorized attempts or intrusions to upload or change information or cause damage to the Site or Services in any fashion.
Objectionable Content. Skinwalker Ranch specifically disclaims any liability with regard to User Content and any actions resulting from your participation in any such Public Forums. SKINWALKER RANCH IS NOT RESPONSIBLE FOR ANY USER’S MISUSE OR MISAPPROPRIATION OF ANY USER CONTENT OR INFORMATION YOU POST ON OR THROUGH THE SERVICES. If you encounter something you find objectionable and in violation of these Terms, you can report it to [email protected]. We try to review all reported violations and, if we agree with you, we’ll take appropriate action. However, in all cases, we are the final judge on whether these Terms have been violated and we will determine what, if any, action should be taken.
License to User Content. All User Content must comply with these Terms. By submitting, transmitting, or displaying your User Content on or through the Services, you automatically grant (and you represent and warrant that you have the right to grant) to Skinwalker Ranch, its licensees, and their respective successors and assigns, officers, directors, employees, licensees, agents, representatives and other users of the Services, a worldwide, sublicenseable, assignable, perpetual, irrevocable, non-exclusive, royalty-free, unlimited right and license to use, reproduce, publish, distribute, publicly display and perform, reformat, adapt, modify and delete your User Content in connection with the Services (“License”).
Representation of Ownership. You retain copyright and other intellectual property rights with respect to any User Content to the extent that you have such rights under Applicable Laws. By posting or submitting User Content through the Services you represent and warrant that (i) you own such User Content or otherwise have the right to grant us the License set forth in these Terms; (ii) the User Content is accurate and not confidential and the distribution, submission, transmission, posting and use of your User Content on the Services is not in violation of any Applicable Law or contractual restrictions or other third party rights (including, without limitation, privacy, publicity, and intellectual property rights); and (iii) you are solely responsible for, and Skinwalker Ranch will have no liability in connection with, your User Content or any other User Content you access through the Services. Your ownership in your User Content does not confer any rights to the Site or Services, nor any rights to other User Content or Skinwalker Ranch Content stored by or on behalf of Skinwalker Ranch.
Data Collection Policy. No party unaffiliated with Skinwalker Ranch may collect or use, or direct, authorize or assist other persons or entities to collect or use any data from a user, or a computer or device operated by a user, while accessing our Site or Services without our prior express written permission.
Modification to Services. Skinwalker Ranch has the right to modify its Services (and products and services accessible through its Services), and its Site at any time in its sole discretion which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Skinwalker Ranch has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality or other aspects of its Site or Services. Your only right with respect to any dissatisfaction with any modifications made, or any policies or practices of Skinwalker Ranch in providing its Services is to cancel your account and/or stop using our Site or Services.
Injunctive Relief. You expressly acknowledge and agree that there may be no adequate remedy at law for a breach of this Section, that such a breach may irreparably harm Skinwalker Ranch and Skinwalker Ranch is entitled, without limiting any of its other remedies at law or equity, to seek injunctive relief (temporary and permanent) from any court of competent jurisdiction immediately upon request and without the need to post a bond or security, with respect to any such breach or potential breach of these Terms.
Termination. Skinwalker Ranch may terminate your access to its Site or Services immediately at any time without notice, if, in Skinwalker Ranch’s sole opinion, you have violated any provision of these Terms. Termination will not limit any of Skinwalker Ranch’s rights or remedies at law or in equity.
- PROPRIETARY RIGHTS
Ownership. The Services and all material published on the Site, including, but not limited to text, photographs, video, graphics, music, images, animations, audio, software, sounds, messages, comments, ratings, and other materials on the Site and all trademarks, service marks and logos are owned by Skinwalker Ranch or its licensors (collectively, the “Content”), and is protected by laws governing copyrights patents, trademarks, trade secrets and/or other proprietary rights. Skinwalker Ranch owns a copyright in the selection, coordination, arrangement and enhancement of such Content. You agree not to copy, reproduce, publish, transmit, distribute, perform, sell, create derivative works of, or in any way exploit, any of the Content, in whole or in part, without Skinwalker Ranch’s prior written consent. You acknowledge that you do not acquire any ownership rights in any Content. You may not frame or utilize framing techniques to enclose or obscure any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Skinwalker Ranch without express written consent. Except for allowing you to use the Site and Service for your personal use as set forth in the subsection “Our Limited License to You” below, when you use the Site or Service, you are not receiving a license or any other rights from Skinwalker Ranch, including intellectual property or other proprietary rights of Skinwalker Ranch. You understand that you have no rights to the Site or Services or any other Skinwalker Ranch property except as we explicitly indicate in these Terms.
Our Limited License to You. You acknowledge and agree that the Site, Services and Content are provided under a limited license and you do not acquire any ownership interest in the Site, Services or Content under these Terms, or any other rights thereto other than to use the Site, Services and Content in accordance with the license granted, and subject to all terms, conditions, and restrictions under these Terms. Skinwalker Ranch grants you a limited, personal, non-commercial, non-exclusive, revocable, non-assignable, and non-transferable license to access (but not through scraping, spidering, crawling or other technology or software used to access data) and display the Content (excluding any software code) solely for your personal use in connection with accessing and using the Services as reasonably necessary to use them for their intended purpose. You may not insert any code or product to manipulate the Content, Site or Services in any way that affects any user’s experience. Skinwalker Ranch and its licensors reserve all rights not expressly granted in and to its respective Site, Services, Marks and Content. You may not use the Site, Services, Marks or Content in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any Content from the Site or Services. You may, however, from time to time, download copies of individual pages from the Services for your personal, non-commercial use, provided that you keep all copyright and other proprietary notices intact.
Feedback/Idea Submissions. Skinwalker Ranch does not accept unauthorized idea submissions. Any ideas disclosed to Skinwalker Ranch are not confidential and Skinwalker Ranch may develop, use and freely disclose or publish similar ideas without compensating you or accounting to you. All comments or materials Submitted to us, including testimonials, images, reviews, questions, comments, or suggestions (collectively, “Feedback”), is received and treated by us on a non-confidential and unrestricted basis. If you provide Skinwalker Ranch with any Feedback, you hereby grant Skinwalker Ranch a non-exclusive, fully-paid, royalty-free, irrevocable, perpetual, transferable, sublicensable license to reproduce, distribute, modify, prepare derivative works based on, publicly perform, publicly display, make, have made, use, sell, offer to sell, import, and otherwise exploit that Feedback for any purposes, for all current and future methods and forms of exploitation throughout the world. If any such rights may not be licensed under Applicable Laws (such as moral and other personal rights), you hereby waive and agree not to assert all such rights. You understand and agree that Skinwalker Ranch is not required to make any use of any Feedback that you provide. You agree that if Skinwalker Ranch makes use of your Feedback, Skinwalker Ranch is not required to credit or compensate you for your contribution. You represent and warrant that you have sufficient rights in any Feedback that you provide to Skinwalker Ranch to grant Skinwalker Ranch and other affected parties the rights described above. This includes but is not limited to intellectual property rights and other proprietary, privacy or other personal rights.
8. PROPRIETARY RIGHTS
Filing a Complaint. Skinwalker Ranch has designated an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act (“DMCA”) and avails itself of the protections under the DMCA. We reserve the right to remove any User Content on the Site or App which allegedly infringes another person’s copyright. We are under no obligation to scan content posted for any violations of third party rights. However, we respect the copyright interests of others and it is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Site. If you believe any materials on any Site infringes a copyright, you should provide us with a written request to takedown the allegedly infringing material in the form of a written letter, sent by regular mail only, (“DMCA Takedown Notice”) that at a minimum includes:
- Identification of the URL of the Site and the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Your name, address, telephone number and email address (if available);
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
- The signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notwithstanding the foregoing, we reserve the right to ignore a DMCA Takedown Notice that is not in compliance with the DMCA.
Filing a Counter-Notice. If your material has been removed or blocked by us as a result of our receipt of a DMCA Takedown Notice, you may send us a request asking for the allegedly infringing material to be restored in the form of a written letter, sent by regular mail only (“DMCA Counter-Notice”) that at a minimum includes:
- Identification of the copyrighted work (or works) that was removed by Skinwalker Ranch and the URL of the Site and the location at which the works appeared before they were removed. The information must be reasonably sufficient to permit us to identify the copyrighted work;
- Your name, address, telephone number and email address (if available);
- A statement that you consent to the jurisdiction of the U.S. Federal District Court for the judicial district in which your address is located, or the State of Utah if your address is outside of the United States;
- A statement that you will accept service of process from the person (or an agent of such person) who provided the DMCA Takedown Notice to us;
- A statement that you have a good faith belief that the allegedly infringing material identified above as the copyrighted work was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- A signature of a person authorized to act on behalf of the owner of the copyrighted work that was taken down.
When we receive the DMCA Counter-Notice, we will send a copy of the DMCA Counter-Notice to the party who originally sent us the DMCA Takedown Notice requested the removal of the allegedly infringing material and we will reinstate the allegedly infringing material, unless that party obtains a court order supporting removal of the allegedly infringing material.
Notwithstanding the foregoing, we reserve the right to ignore a DMCA Counter-Notice that is not in compliance with the DMCA.
Both the DMCA Takedown Notice and the DMCA Counter-Notice must be sent to our designated DMCA designated agent addressed as follows:
Adamantium Real Estate LLC
10 South 200 East, Suite 700
Salt Lake City, Utah 84111
- DISCLAIMER OF WARRANTIES
YOU UNDERSTAND THAT YOUR USE OF THE SITE AND SERVICES (INCLUDING ANY DOWNLOADS OR ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE YOU EXPERIENCE FROM USING THE SITE AND SERVICES IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” “WHERE-IS” AND “WHERE AVAILABLE” BASIS AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT SKINWALKER RANCH MAKES NO WARRANTY THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE SITE OR SERVICES, OR THE SERVERS THAT MAKE THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IF YOU ARE DISSATISFIED WITH ANY OF THE MATERIALS OR CONTENT CONTAINED IN OR ASSESSED FROM THE SITE OR SERVICES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE AND SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, SKINWALKER RANCH DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE), INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SITE AND SERVICES. SKINWALKER RANCH’S LICENSORS AND AGENTS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THESE DISCLAIMERS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SKINWALKER RANCH, OR ITS AGENTS, BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA, OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE, OR NON-PERFORMANCE OF THE SITE OR THE SERVICES OR ITS PRODUCTS, EVEN IF SKINWALKER RANCH HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. IF ANY PART OF THESE WARRANTY DISCLAIMERS OR LIMITATIONS OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN SKINWALKER RANCH’S AGGREGATE LIABILITY FOR ALL CLAIMS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES SHALL NOT EXCEED THE GREATER OF THE AMOUNT OF MONEY YOU PAID TO SKINWALKER RANCH IN THE LAST 12 MONTHS OR $96. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. SKINWALKER RANCH’S LICENSORS AND AGENTS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THIS LIMITATION OF LIABILITY. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
If you are a California resident and in connection with the foregoing release, you hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
The Site and Services are controlled from facilities in the United States. Skinwalker Ranch makes no representations that the Site or Services are appropriate or available for use in other locations. Those who access or use the Site and/or Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Skinwalker Ranch may provide links to third-party websites. Skinwalker Ranch does not recommend and does not endorse the content on any third-party websites, sites framed within the Skinwalker Ranch Site, third-party sites provided as search results, videos, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such websites. You acknowledge and agree that Skinwalker Ranch will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites.
Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of Connecticut without application of conflict of laws rules, except that these Arbitration provisions shall be governed by the Federal Arbitration Act.
Resolution of Any Dispute. In the event a dispute arises between you and Skinwalker Ranch (“Dispute”), we want to provide you with an efficient, neutral and cost-effective means of resolving the dispute. Most customer concerns can be resolved quickly and to the customer’s satisfaction by contacting us by writing to Adamantium Real Estate LLC c/o MediaWorks 360, P.O. Box 783 Greens Farms, CT 06838. If, however, the Dispute cannot be resolved by the personnel directly involved, the parties shall first attempt in good faith to resolve the Dispute promptly by negotiation between duly appointed executive officers or other representatives of such parties, with full authority to negotiate and settle the Dispute. If a Dispute has not been resolved by negotiations within 90 days as provided hereinabove, such Dispute shall be submitted to JAMS, or its successor (collectively, “JAMS”), for mediation as provided hereinbelow. Any party involved in the Dispute may commence mediation by providing to JAMS and each other party involved in the Dispute a written request for mediation, setting forth the subject of the Dispute and the relief requested. The parties will cooperate with JAMS and with one another in selecting a mediator from JAMS’ panel of neutrals and in scheduling the mediation proceedings. The parties covenant that they will participate in the mediation in good faith, and that they will share equally in its costs. All offers, promises, conduct and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts and attorneys, and by the mediator and any JAMS employees, are confidential, privileged and inadmissible for any purpose, including impeachment, in any litigation or other proceeding involving the parties; provided, however, that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation. None of the parties may commence arbitration or a civil action with respect to the matters submitted to mediation until after the completion of the initial mediation session, or 30 business days after the date of filing the written request for mediation, whichever occurs first. Mediation may continue after the commencement of arbitration or a civil action, if the parties so desire.
Limitation of Legal Remedies. If there is a Dispute that remains unresolved after mediation, INSTEAD OF SUING IN COURT, YOU AND SKINWALKER RANCH EACH AGREE TO THE FULLEST EXTENT PERMITTED BY LAW TO ARBITRATE DISPUTES THROUGH BINDING ARBITRATION PURSUANT TO THE JAMS ARBITRATION RULES AND PROCEDURES, ON AN INDIVIDUAL BASIS, WITHOUT CLASS RELIEF, EXCEPT FOR DISPUTES PERTAINING TO SKINWALKER RANCH’S INTELLECTUAL PROPERTY RIGHTS AND STATUTORY CLAIMS THAT PURSUANT TO LAW ARE NOT ARBITRABLE. This agreement to arbitrate is intended to be broadly interpreted. It includes claims based in contract, tort, statute, fraud, misrepresentation or any other legal theory (“Claim(s)”). The arbitrator’s decision and award are final and binding, with some exceptions under the Federal Arbitration Act, 9 U.S.C. 1, et seq., and judgment on the award may be entered in any court with jurisdiction.
Jury Trial Waiver. YOU AND SKINWALKER RANCH EACH VOLUNTARILY WAIVE THE RIGHT TO A TRIAL BY JURY IN RESOLVING ANY DISPUTE BETWEEN US ARISING OUT OF THESE TERMS OR THE SITE OR SERVICES.
Class Action Waiver. YOU AND SKINWALKER RANCH EACH AGREE THAT CLAIMS AGAINST THE OTHER MAY ONLY BE BROUGHT IN AN INDIVIDUAL CAPACITY AND NOT IN A CLASS ACTION OR REPRESENTATIVE PROCEEDING. All arbitrations under these Terms must be conducted on an individual (and not a class-wide) basis, and an arbitrator will have no authority to award class-wide relief. You acknowledge and agree that these Terms specifically prohibit you from commencing any legal proceedings as a representative of others, participating in a class, representative, or collective action as a class representative, class member or an opt-in party, acting as a private attorney general, or joining or consolidating Claims with claims or proceedings brought by any other person (“Class Action Waiver”).
Arbitration Procedures. A party who intends to seek arbitration must first send to the other a written Notice of Dispute describing the nature and basis of the Claim and setting forth the specific relief sought (“Notice”). All Notices to Skinwalker Ranch must be sent to the following address: Adamantium Real Estate LLC c/o MediaWorks 360, 783 Greens Farms, CT 06838. Our notice to you will be sent to you based on the most recent contact information that you provide us but if no such information exists or if such information is not current, then we have no obligation under this Section. Upon receipt of such Notice, the receiving party will have a 60-day period in which it may satisfy the Claim against it by fully curing the Claim, providing all the relief requested in the Notice, or entering into a settlement to resolve the Claim to the mutual satisfaction of the parties. After the expiration of such 60-day cure period, you or Skinwalker Ranch may commence an arbitration proceeding. Unless otherwise agreed to by you and Skinwalker Ranch in writing, the arbitration will be governed and conducted by JAMS before a single arbitrator with substantial experience in the internet industry and shall follow substantive law in adjudicating the Dispute. This Section shall be construed as a written agreement to arbitrate pursuant to the Federal Arbitration Act (“FAA”). You and Skinwalker Ranch agree that this Section satisfies the writing requirement of the FAA. The arbitration of any claim will be conducted in the State of Connecticut, and for any non-frivolous claim that does not exceed $5,000.00, you shall have the choice as to whether the hearing is conducted in person or by telephone. Each party will pay the fees and costs of its own counsel, experts and witnesses. The JAMS rules are available on its website at www.jamsadr.com. To the extent that this dispute resolution Section conflicts with JAMS minimum standards for procedural fairness, the JAMS rules and/or minimum standards for arbitration procedures in that regard shall control. Neither party shall sue the other party other than as provided herein or for enforcement of this clause or for the arbitrator’s award; and any such suit may be brought only in Federal District Court or, if any such court lacks jurisdiction, in any state court that has jurisdiction. The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any Dispute relating to the interpretation, applicability, unconscionability, arbitrability, or enforceability of these Terms including any claim that all or any part of these Terms are void or voidable. However, the preceding sentence shall not apply to the clause entitled “Class Action Waiver”.
Exception to Arbitration. Only disputes or actions pertaining to Adamantium Real Estate LLC’s intellectual property rights, or statutory claims that pursuant to law are not arbitrable, are exempt from arbitration.
Survival. This arbitration provision shall survive termination of these Terms.
Severability. If any provision of this Section is declared or found by a court of competent jurisdiction or arbitrator to be unlawful, unenforceable or void, such provision will be ineffective only to the extent that it is found unlawful, unenforceable or void, and the remainder of the provision and all other provisions will remain fully enforceable, except that if the Class Action Waiver for any Claim cannot be enforced, then the provision to arbitrate will not apply.
- NO RIGHTS OF THIRD PARTIES.
You agree that, except as otherwise expressly provided in these Terms, there are no third-party beneficiaries to these Terms.
These Terms and policies incorporated herein (“Policies”), are the entire agreement between you and Skinwalker Ranch. They supersede any and all prior or contemporaneous agreements between you and Skinwalker Ranch relating to your use of the Site or the Services. Skinwalker Ranch may assign these Terms in whole or in part, at any time. If any part of these Terms is determined to be invalid or unenforceable, it will not impact any other provision of these Terms, all of which will remain in full force and effect. Headings in these Terms are for convenience of reference only and shall not affect the interpretation or construction of these Terms. The failure of Skinwalker Ranch to partially or fully exercise any rights or the waiver of Skinwalker Ranch of any breach of these Terms by you, shall not prevent a subsequent exercise of such right by Skinwalker Ranch or be deemed a waiver by Skinwalker Ranch of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of Skinwalker Ranch under these Terms, its Policies and any other applicable agreement between you and Skinwalker Ranch shall be cumulative, and the exercise of any such right or remedy shall not limit Skinwalker Ranch’s right to exercise any other right or remedy.