Last updated May, 30 2018
The Site is owned and operated by Skylight Depot pursuant to contractual arrangements, and the Content and Software (and any intellectual property and other rights relating thereto) is and will remain the property of Skylight Depot and its licensors and suppliers. The Content and Software and the selection, compilation, collection, arrangement and assembly thereof is protected by U.S. and international copyright, trademark and other laws, and you acknowledge that these rights are valid and enforceable. Except as expressly set forth in the "Permitted and Prohibited Uses" section below, or otherwise authorized in advance by Skylight Depot in writing, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, or create derivative works based (whether in whole or in part) on all or any part of the Site or any materials made available through the Site.
The trademarks, trade names, service marks, product packaging, designs and corporate logos and emblems displayed on this Site belong exclusively to Skylight Depot, our third-party licensors or others, and are protected under United States and international trademark and other proprietary rights and laws. The trade names, trademarks and service marks owned by Skylight Depot, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Skylight Depot's or our third-party licensors trade names, trademarks or service marks without our or their, respectively, express prior written consent.
Some areas of the Site may require you to be or become registered with the Site. When and if you register with the Site, you agree to (a) provide accurate, current and complete information about yourself as prompted by our registration form (including your email address) and (b) maintain and update your information (including your email address) to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your use of the Site.
As part of the registration process, you will be asked to select a username and password. We may refuse to grant you a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion. You are responsible for maintaining the confidentiality of your user name and password and agree not to transfer or resell your use of or access to the Site to any third-party. If you have reason to believe that your account with us is no longer secure, you must promptly change your password by visiting www.SkylightDepot.com and immediately notify us of the problem by calling Customer Care at 1-866-672-6646. You are entirely responsible for maintaining the confidentiality of your username and password and for any and all activities that are conducted through your account (including purchases, as applicable) whether or not authorized by you.
Permitted and Prohibited Uses
You may not:
- Reproduce, copy, upload, post, transmit, display, sell, resell or otherwise redistribute or exploit any materials or design elements of this Site, any other portion of this Site, or use of or access to the Site, for commercial purposes without our prior written consent;
- Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble the Software or any portion of the Site or otherwise attempt to determine the source code or trade secrets of the Site or the Software;
- Violate or attempt to violate the security of the Site;
- Restrict or inhibit any other visitor or member from using the Site, including, without limitation, by means of "hacking" or defacing any portion of the Site;
- Use the Site, Content or Software for any fraudulent or unlawful purpose;
- Impersonate any person or entity, including without limitation any representative of Skylight Depot; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site; or express or imply that any statements you make are endorsed by us, without our prior written consent;
- Transmit (a) any content or information that is unlawful, fraudulent, threatening, harassing, degrading, hateful, intimidating, abusive, libelous, defamatory, obscene, indecent, pornographic or otherwise objectionable, or infringes our or any third-party's intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third-party; (d) any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as "hacking," "cracking," or "phreaking"; or (e) any advertisements, solicitations, junk mail, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us);
- Engage in spamming or flooding;
- Transmit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
- Remove any copyright, trademark or other proprietary rights notices contained in the Site, Content or Software;
- "Frame" or "mirror" any part of the Site without our prior written authorization;
- Use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Site or its Contents. Notwithstanding the foregoing, Skylight Depot grants the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Skylight Depot reserves the right to revoke these exceptions either generally or in specific cases.
- Use the Site to advertise or offer to sell or buy any goods or services without our express prior written consent;
- Create a database by systematically downloading and storing Site Content;
- Use the Site to defame abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others' privacy rights or rights of publicity, or harvest or collect information about Site visitors or members without their express consent; or
- Otherwise disrupt or interfere with the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks.
Your use of the Site is conditioned on your compliance with the rules of conduct set forth in this section. Your failure to comply with such rules may result in termination of your access to the Site. If you download Software from the Site, such Software is licensed on a limited basis to you by us or the owner of such Software. Title to the Software is not transferred to you. You own the medium on which the Software is recorded, but we or our third-party licensors retain all right, title and interest in and to the Software, and all intellectual property rights therein. You may not re-sell or transfer the Software to any third-party.
Forums and Public Communication
This Site may enable users to submit their own content to a chat area, message board or email function ("Forum"). Any Forum on the Site is a free service to enable you to share comments about products and services available on our Site. If you participate in a Forum within the Site, any information you disclose in such a submission may be publicly available and you should exercise caution in deciding whether to disclose any personal, financial or other sensitive information there. By uploading or submitting any materials to a Forum, you automatically grant (or warrant that the owner of such materials expressly granted) to us and our designees a non-exclusive, royalty-free, fully paid up, worldwide, transferable, sublicensable (through multiple tiers), assignable, perpetual, irrevocable right and license to use, reproduce, publicly display, publicly perform, digitally perform, distribute, create derivative works based on, adapt (including without limitation edit, modify, translate, and reformat), transmit, make, have made, sell, offer for sale and import such materials or incorporate such materials into any form now known or later developed, for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the submissions. For all such materials that you submit to or through the Site, you represent and warrant that you have all rights necessary for you to grant the licenses granted in this section, and that such materials, and your provision thereof to and through the Site, comply with all applicable laws, rules and regulations. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding all materials that you submit to or through the Site that you may have under any applicable law under any legal theory.
Skylight Depot cannot prevent other persons who access this Site from using submissions and personal information they find here, even if their use of that information violates the law, or your personal privacy or safety. None of the submissions will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any submissions.
When participating in a Forum, you should not assume that people are who they say they are, know what they say they know or are affiliated with whom they say they are affiliated with. Information obtained in a Forum may not be reliable and it is not a good idea to trade or make any investment decision based solely or largely on information you cannot confirm. We cannot be responsible for the content or accuracy of any information and shall not be responsible for any trading or investment decisions made based on such information.
Skylight Depot is proud to provide a Forum for you to express your opinions on the topics and items we feature. While we appreciate your time and comments, you are prohibited from posting or transmitting the following in your posts, as determined by Skylight Depot in its sole discretion: (i) profanity, pornography, obscenities, hateful, threatening or harassing comments or images; (ii) discussion of illegal activities or intent; (iii) solicitations for commercial activities or other statements that do not generally relate to the designated topic of the Forum; (iv) personally identifiable information such as phone numbers, addresses or URLs; (v) any information that violates any right of a third-party or any law; (vi) any software or other materials that contain a virus or other harmful component, and (vii) Skylight Depot is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Web Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.
A testimonial board post is not an effective way to tell us you need help with an order or Site feature. If you'd like to tell us about a specific problem, please call Customer Service at 1-866-672-6646. Skylight Depot disclaims liability for any failure on its part to provide help with a specific problem disclosed on this Site.
Disclaimer of Warranties
In maintaining this Web Site, we have tried to ensure that the information posted by us is accurate, complete and current as of the dates indicated on the screens. However, WE MAKE NO GUARANTEES OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE CONTENT, THE SOFTWARE OR OPERATION OF THE SITE. YOUR ACCESS AND USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT AND SOFTWARE (INCLUDING ALL INFORMATION AVAILABLE ON OR THROUGH THE SITE) ARE PROVIDED "AS IS" AND WE ARE NOT RESPONSIBLE FOR ITS USE OR MISUSE. Access to this Site from locations where the Content or Software may be illegal is prohibited and you are responsible for compliance with applicable local laws. You are also responsible for taking all necessary precautions to assure that any material you obtain from this Site is free from computer viruses, worms, Trojan horses or other destructive devices.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE SITE, CONTENT AND SOFTWARE (INCLUDING ALL INFORMATION, SERVICES AND, EXCEPT TO THE EXTENT ACCOMPANIED BY A WRITTEN WARRANTY FROM US, PRODUCTS MADE AVAILABLE ON OR THROUGH THE SITE), INCLUDING, WITHOUT LIMITATION, (I) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (INCLUDING SUITABILITY OF THE SITE FOR YOUR NEEDS OR REQUIREMENTS OR THOSE OF ANY OTHER PERSON), (II) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (III) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS OR COMPLETENESS OF THE CONTENT OR SOFTWARE, (IV) WARRANTIES RELATING TO THE OPERATION OF THE SITE (INCLUDING DELAYS, INTERRUPTIONS, ERRORS, VIRUSES, DEFECTS OR OMISSIONS) (V) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE OR OTHER ACTS OR OMISSIONS BY US OR ANY THIRD-PARTY, AND (VI) WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you. SKYLIGHT DEPOT AND ITS AFFILIATES, AND THEIR RESPECTIVE LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, REPRESENTATIVES, SERVICE PROVIDERS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SITE OR THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, THE SERVER(S) ON WHICH THE SITE IS HOSTED, OR THE SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE SOFTWARE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF SKYLIGHT DEPOT OR ITS AFFILIATES, AND THEIR RESPECTIVE LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, REPRESENTATIVES, SERVICE PROVIDERS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE ON THE SITE, THE SOFTWARE OR OTHERWISE, SHALL CREATE ANY WARRANTY.
Links from this Web Site
As a convenience to you, we may provide hyperlinks from this Web Site and descriptions of or references to selected third-party web sites that are not operated by Skylight Depot. However, by providing such links, we are not endorsing such third parties or their web sites or their products or services. We are not responsible or liable for and make no representations about the contents or use of such hyperlinked third-party sites or any further links contained there to other sites. If you use a web site that is hyperlinked to this Web Site, you do so at your own risk; we are not responsible for assuring that hyperlinked sites are free from computer viruses, worms, Trojan horses or other destructive devices. We may discontinue our hyperlinks to any third-party site at any time without notice or obligation to you.
Links to this Web Site
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER SKYLIGHT DEPOT NOR ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, REPRESENTATIVES, SERVICE PROVIDERS, CONSULTANTS OR AGENTS, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR CONTENT CONTAINED ON THE SITE, THE SOFTWARE, ANY LINKED SITE OR ANY PRODUCT OR SERVICE MADE AVAILABLE ON OR THROUGH THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, CONTENT, SOFTWARE OR ANY LINKED SITE IS TO STOP USING THE SITE, CONTENT, SOFTWARE OR LINKED SITE, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY OF SKYLIGHT DEPOT AND ITS AFFILIATES, AND THEIR RESPECTIVE LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, REPRESENTATIVES, SERVICE PROVIDERS AND AGENTS FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND CONSEQUENTLY SOME OR ALL OF THESE LIMTATIONS MAY NOT APPLY TO YOU. NOTE TO RESIDENTS OF THE STATE OF NEW JERSEY: THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY TO YOU, EXCEPT AS OTHERWISE NOT PERMITTED BY NEW JERSEY LAW.
Governing Law and Forum
These Terms shall be construed, governed and enforced in accordance with the laws of the State of Arizona.
a. Except as otherwise provided herein and for Skylight Depot’s suits for non-payment, which are not subject to the binding mandatory arbitration clause, these Terms require that in the event that you and Skylight Depot cannot resolve a conflict, the matter shall be submitted to binding arbitration utilizing the following procedure:
i. You or Skylight Depot shall notify the other of its request for arbitration (“Notice of Arbitration”).
ii. You and Skylight Depot (individually as a “Party” or jointly as “Parties”) shall attempt, in good faith, to appoint a sole Arbitrator with offices in Tucson, Arizona. The Arbitrator so appointed shall be required to make his/her decision within thirty (30) days of appointment, and the decision of the Arbitrator shall be binding upon the Parties.
iii. In the event the Parties are unable to reach agreement on a sole Arbitrator within thirty (30) days following the Notice of Arbitration, then Skylight Depot shall appoint an Arbitrator with offices in Tucson, Arizona, and you shall appoint an Arbitrator with offices in Tucson, Arizona. The appointment of the Arbitrators shall occur within seven (7) days after the expiration of the thirty (30) day period to select an Arbitrator, or the Party failing to select an Arbitrator shall have waived its right to make such selection, and the Arbitrator selected by the other Party shall be the sole Arbitrator. Notice of selection of an Arbitrator shall be given pursuant to Section 29 of these Terms.
iv. The two Arbitrators so appointed shall attempt to agree on a resolution of the matter. In the event the two Arbitrators are unable to agree upon a resolution of the matter, a third Arbitrator from Tucson, Arizona, shall be appointed by a Court in accordance with A.R.S. § 12-3000, et. seq., and the decision of two of the three Arbitrators shall be the “decision” of the Arbitrators.
v. The Arbitrators so appointed shall be required to make their decision within thirty (30) days of appointment, and the decision of the Arbitrators shall be binding upon the Parties.
vi. All costs of Arbitration, including attorneys’ fees, shall be allocated against the Parties in the manner determined by the Arbitrator(s), in his/her/their decision. The decision of the Arbitrator(s) shall be binding and non-appealable and in the event a Party should subsequently initiate legal proceedings relating to the same on substantially similar issues, in whole or in part, the Arbitrator(s) decision shall be submitted to the Court and shall be the Judgment of the Court as to same or substantially similar issues.
b. In the event arbitration is not applicable, the venue of any legal proceedings shall be the courts of Pima County, Arizona. In the event any party shall commence any civil action in connection with this agreement, the substantially prevailing party in said civil action shall be awarded reasonable attorneys’ fees, court costs and other costs and expenses incidental thereto, in addition to all other relief, all of which shall be set by the judge and not by jury to which the substantially prevailing party may be entitled.
Skylight Depot complies with applicable federal and other civil rights laws and does not discriminate, exclude people or treat them differently based on race, color, religion (creed), sex, gender identity or expression, sexual orientation, national origin (ancestry), age, disability, or any other status protected by applicable federal, state or local law.
Notice for California Users
Under California Civil Code Section 1789.3, California Site users are entitled to the following specific consumer rights notice: If you have a question or complaint regarding the Site, please call Customer Care at 1-866-672-6646. You may also contact us by writing to Skylight Depot, 3150 N. Freeway Industrial Loop, Tucson, AZ, 85745 Attention: Customer Care. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
Claims of Copyright Infringement
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Skylight Depot infringe your copyright (for example, materials posted by Skylight Depot on one of our Forums), you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Skylight Depot to locate the material on the Site; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) 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; and (f) 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. If you believe in good faith that a notice of copyright infringement has been wrongly filed by Skylight Depot against you, the DMCA permits you to send Skylight Depot a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Site should be sent to PO Box 91017, Tucson, AZ 85752. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
Pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the two web sites GetNetWise (http://www.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Please note that Skylight Depot does not endorse any of the products or services listed at such site.
The Site is solely directed to individuals residing in the United States. We make no representation that Content or Software available on or through the Site is appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. The Software is further subject to United States export controls. No Software may be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) any country to which the U.S. has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using any Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. We reserve the right to limit the availability of the Site and/or the provision of any service, program, film or other product described thereon to any person, geographic area or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such service, program, film or other product that we provide.
Except as otherwise specified herein, notices required or permitted to be given hereunder shall be in writing and may be given in person or by United States mail, by local or nationwide delivery/courier service. Such notices and other communications shall be deemed to be given and received as follows: (i) upon actual receipt, if delivered personally; (ii) on the next business day, if delivered by overnight courier; or (iii) three (3) days following deposit in the mail, if delivered by mail postage prepaid, addressed to that party at his/her/their/its designated address. The designated address of a party shall be the address of that party shown below or such other address within the United States of America that any party from time to time may specify by written notice to the other parties at least fifteen (15) days prior to the effective date of such change, but no such notice of change shall be effective unless and until received by the other parties. Rejection or refusal to accept, or inability to deliver because of changed address or because no notice of changed address is given, shall be deemed to be receipt of any such notice.
To Skylight Depot:
Address: PO Box 91017, Tucson, AZ 85752
Telephone No: 866-672-6646
Time is of the Essence